The federal Health Insurance Portability and Accountability Act ...

[schs14]

The federal Health Insurance Portability and Accountability Act (HIPAA) of 1996 addresses patient rights within the healthcare system. Which of the following actions may constitute a violation of HIPAA?
 
  A) A nurse identifies a patient whom he recently cared for on his Facebook page.
  B) A nurse completes a charting entry without providing her initials after the entry.
  C) A nurse inserts a central venous catheter without the consent of the patient.
  D) A nurse makes a crude comment to a patient while providing morning hygiene.

Question 2

The risk manager at a large, university hospital has become aware that there may be a discrepancy between a longstanding protocol on one of the hospital units and the nurse practice act of the state.
 
  Which of the following statements regarding the legal standing of institutional policies is most accurate?
 
  A) Institutional policies do not have legal standing.
  B) Institutional policies supersede enacted law but do not supersede common law.
  C) Established policies may be considered common law by a court
  D) Discrepancies between policies and legislation are usually resolved by professional
  associations such as a board of nursing.

[verrinzo]

Answer to Question 1

Ans: A
HIPAA specifically addresses matters related to patient privacy and confidentiality.
Identification of a patient by a nurse would be considered a violation of confidentiality. Failing
to sign documentation is not a contravention of HIPAA. Making inappropriate comments and
performing interventions without consent are both serious violations of professionalism, but
these are less likely to be addressed by HIPAA.

Answer to Question 2

Ans: C
Established agency policies may be considered the standard of practice for that
agency and, therefore, common usage (common law) by the court, and may become important
as a basis for legal decisions. However, policies do not normally have the power to supersede
enacted laws. Discrepancies are ultimately the jurisdiction of the courts, not professional
associations.