Hipaa_and_Hiv

HIV or Human Immunodeficiency Virus is a disease that weakens the immune system by destroying important cells that fight off disease and infection (AIDS.gov). Once a person contracts HIV the virus begins to attack the immune system killing off many cells such as CD4 and T-cells. Over a period of time, the virus destroys so many cells that the body cannot fight off infection and disease anymore. When this happens there is a danger of the HIV becoming AIDS. AIDS or Acquired Immunodeficiency Syndrome is the final stage of the HIV infection. This is diagnosed in combination with opportunistic infection. Acquiring HIV or AIDS can lead to a number of health problems. However, the problems do not stop there. Social issues can arise if the information about contracting these diseases becomes public knowledge. There are federal guidelines in place to protect those suffering from HIV and AIDS. HIPAA or the Health Insurance Portability and Accountability Act of 1996 was created to protect patients rights when it comes to privacy and how their health information is used and released. It is stated in the HIPAA regulations that “individually identifiable health information” is to be protected (US Dept. of Health and Human Services, 2011). This means any health information containing a patients name, address, phone number or any other type of information that can cause them to be identified is protected under this act. For example, if a patient has just been diagnosed with HIV, the identifiable information about that person cannot be released. Only information directly related to treatment, and diagnoses can be released and only for the purpose of health reasons. This information cannot be used to discriminate against another person because of a health issue. HIV and AIDS health information is more sensitive than other types of health information. The reason is simple. The public tends to look differently as a whole on a person with HIV or AIDS. Discrimination is a huge factor when dealing with these diseases. This is due to the lack of education of the disease and the ignorant thinking of some people. There have been many cases of discrimination related to HIV and AIDS. It stems from someone whether it was the healthcare provider or the patient him or herself telling the information to someone else. A movie was made about this very thing in 1993. It was called Philadelphia starring Tom Hanks and Denzel Washington. A short summary of the movie is as follows, “ A man with AIDS is fired from a conservative law firm because of his condition, hires a small time lawyer as his only willing advocate against the wrongful dismissal suit” (IMDB, 2011). In the movie the law firm was held liable for discrimination due to the man’s health condition. This is only an example of what could happen if the information about this condition was made public. There are laws in affect to protect people living with HIV and AIDS. Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1993 (ADA) are examples of such laws. Under these laws no one with HIV or AIDS can be denied a benefit or denied participation in a service that is offered to other because of their condition. (AIDS.gov) HIPAA which was discussed briefly earlier in this paper is also there to help protect the rights of the patient living with HIV or AIDS. Although the act does not specifically have a guideline set in place for persons with HIV or AIDS they are still protected under the general guidelines set forth. There are legal obligations to this act. HIPAA violations can lead to criminal prosecution, if the violation is severe enough. In the case of HIV and AIDS it is my opinion that the violation would be severe enough to warrant a criminal prosecution. Ethical ramifications for health care providers could be harsh. If a physician treating a patient with HIV or AIDS were to give out personal information regarding that patient that would allow someone to know their identification the physician could face losing their license to practice. The same could be said for a nurse working in the office. This remains true even for office personnel such a medical coders. The coders in an office have the knowledge of the patient identification because that information is needed in order to process and submit claims for payment to the insurance company. The guidelines set forth in HIPAA must be followed during all avenues of diagnoses and treatment. It must even be upheld during the medical billing process. Any person with access to personal information regarding a patient who has contracted either HIV or AIDS must be held liable to keep that information confidential. It is any health care workers duty to maintain privacy and confidentiality of health information.