The signature assignment for this course is an eight 8 to 10 page paper in APA format with cited research.
End- of -life issues are one of the top ethical and legal issues that health professionals will face in the 21st century. We have discussed physician assisted suicide and palliative care in Module 3. SLO3
The Signature Assignment will analyze the concept of end-of- life decisions and care. Discuss laws in your state regarding end -of -life decisions and care (SLO1), MY STATE IS MICHIGAN!
discuss consent in end-of-life decisions and care (SLO7),
whether healthcare ethics or institutional review boards participate in end-of –life decision and care issues (SLO2),
discuss the role of government including HIPAA (SLO5 and SLO6) in end-of- life decisions and care.
Writing expectations include competency in the following: Sentence Structure Verb Tense and Agreement Pronoun Use Possessive Use Punctuation Spelling Focus and Organization Thesis Statement & Conclusion 1 / 2 You should use a minimum of 4-6 academic sources in support of your Signature Assignment. Must be double-spaced with 1-inch margins and typed in 12-point Times New Roman. Your Essay should have a Cover Page and References page. Essays should be proofread for spelling and grammar mistakes. Essays should be in APA style. You must cite all texts used, including page numbers to avoid plagiarism. Your essay must have a thesis statement and conclusion that are both supported by research and analysis.
BELOW I LISTED THE SLO MODULES SUBJECTS THAT WERE DISCUSED for you to incorporate with this paper as the professor asks. I have also listed some questions and answers from these modules that For you to look at and get an idea of things that we discussed in class.You may use whatever you want. THANK YOU
Module 1- Differentiate Between Law and Ethics
In this first module, we focus on the differences between “law” and “ethics.” By the simplest terms, “law” tells us what we “must” do- whereas “ethics” tells us what we “ought” to do. In many cases, law and ethics are well aligned; in other cases, they are worlds apart. The distinction between law and ethics will be important as we explore the issues in this course.
Discussion question and answer submitted from SLO1:
identify one healthcare issue that is of particular interest to you. Describe the issue and discuss current law(s) related to that issue (either federal, state, or local laws) as well as any ethical concepts related to the issue. Be certain to tell us whether or not you feel that the “laws” and “ethical issues” are congruent or incongruent. Be certain to justify your position.
Answer: Hospice care offers supportive care to terminally ill patients and focuses on their comfort and quality of life rather than curative care. Standards of service require patients and families be made aware hospice care is only supportive and not curative. Also, patient rights must be relayed in spoken and written notice and violations reported immediately. Ethical dilemmas such as inadequate communication, provision of non beneficial care, over and under medication emerge when offering hospice care (Cheon, Coyle, Wiegand & Welsh, 2015). In my opinion, laws and ethical dilemmas are congruent or incongruent depending on the situation.
Cheon, J., Coyle, N., Wiegand, D., & Welsh, S. (2015). Ethical Issues Experienced by Hospice and Palliative Nurses. Journal of Hospice & Palliative Nursing, 17(1), 7-13. doi: 10.1097/njh.0000000000000129
Module 2- Contemporary ethical issues
There are many contemporary ethical issues that affect the healthcare system, such as abortion, suicide, human genetics research and surrogacy. Some of these dilemmas require that health care providers make decisions that are not popular or normal. Let’s explore some ethical healthcare issues that are currently in the forefront of healthcare providers.
Discussion question and answer submitted from SLO2:
What is Reprogenetics? Do you believe that the field of reprogenetics is ethical? Why or why not? What legal issues may the genetics laboratory face by parents who request reprogenetic services?
Reprogenetics is a combination of genetic technologies with reproductive medicine and biology to choose traits in an offspring or minimize the risk of genetic disease (Coco, 2014). The field of reprogenetics is ethical in that parents to have an obligation to protect their likely children from predictable deficiencies. The concept of autonomy is the foundation of various legal issues that genetics laboratory may face from the parents who request reprogenetics services. The genetic laboratory may be held liable for lack of providing information on the availability of a genetic test. Although patient consent is required, the genetic laboratory needs to inform the patients about all tests and the concern of their privacy.
Coco, R. (2014). Reprogenetics: Preimplantational genetics diagnosis. Genetics and molecular biology, 37(1), 271-284.
What are some of the legal issues related to the use of social media in health care? What steps are being taken by the federal government to prevent legal action?
The use of social media in healthcare raises several legal issues related to confidentiality and privacy (Belbey, 2015). The Health Insurance Portability and Accountability Act (HIPAA) in collaboration with state privacy laws, provide limitations to healthcare providers on their interactions with their patients on social media. Any healthcare provider who discloses patient information, such as pictures or anything which can be used to identify the patient, is subject to legal action. Besides, healthcare is faced with legal issues of physician licensing in that a doctor cannot provide medical advice through social media in a state which he/she is not licensed. However, federal government, in partnership with the National Council of States Board of Nursing, has taken a step by providing guidelines to healthcare professionals on how to avoid legal action on the use of social media. The Federation of State Medical Boards guidelines is one those that advises that the privacy of patients must always be protected on social networking sites. Also, the federal government has supported residency programs that search for social media sites before hiring new professionals to prevent any legal action.
Belbey, J. (2015). How healthcare can use social media effectively and compliantly. Forbes.
Module 3- Ethical Issues in End-of-Life Decision Making
In this module, we turn our attention to ethical issues that appear at the end of life. Some people argue that we should be allowed to choose when and how we die. Others argue that life is “sacred” and that we must do all that we can to prolong life. We will focus on physician assisted suicide and palliative sedation.
Questions and answers from discussions from SLO3
please explain physician assisted suicide. Is this practice ethical and legal in the United States? What are your thoughts on this issue?
Physician-assisted suicide is a practice where a doctor provides a terminally ill patient with a potentially lethal medication to end the life of the patient, but with the patient’s consent. Physician-assisted suicide is not legal in the U.S except in 3 states of Oregon, Washington and Montana. Besides, the practice of physician-assisted suicide is not ethical (Anderson, 2015). My thoughts on the issue of physically-assisted suicide are that it should be made legal in all states because the legislation on death with dignity provides for respect of autonomy as well as the respect of individual liberty.
Anderson, R. (2015). Physician-Assisted Suicide Corrupts the Practice of Medicine. The Heritage Foundation.
What ispalliative sedation? What is the difference between physician-assisted suicide and end of life palliative sedation? Please explain the difference in terms of ethics and the literal meaning.
Palliative care is the use of medications at the end of life to release severe pain and symptoms. The difference between palliative sedation and physically-assisted suicide is grounded on ethical principles of the duty to alleviate suffering and prevent harm. Unlike physically-assisted suicide which the main objective is to terminate life, palliative care intends to improve quality of life by relieving pain and suffering (Sopcheck, 2016).
Sopcheck, J. (2016). Social, Economic, and Political Issues Affecting End-of-Life Care. Policy, Politics, & Nursing Practice, 17(1), 32-42.
Module 5- Government Regulation of Health Care
Federal, state and local governments play a role in the regulation of healthcare. These regulatory procedures keep the public healthy and safe. Healthcare professionals are required to be licensed before they can be practice in their fields. Additionally, healthcare facilities need to be licensed and accredited to promote quality healthcare services.
Discussion question and answer submitted from SLO5:
Describe the process of licensure for a physician in your state. From an ethical perspective, why is licensure important for physicians? For patients?
MY STATE IS MICHIGAN
Currently, the process of licensure for a physician in Michigan is digital. An applicant is required to fill online application forms available at the Michigan Board of Medicine website page. The forms are then reviewed, and a response is communicated directly to the applicant. The licensure is essential to the physicians because it limits competition by locking out investors who lack the necessary qualifications. The licensure is important for patients as it ensures that they receive high-quality health services from competent professionals.
Discuss how healthcare facilities are licensed and accredited. Please discuss Joint Commission on Accreditation of Healthcare Organizations (JCAHO) in your answer.
To obtain an operation license, healthcare facilities apply online via the website of the Michigan Department of Licensing and Regulatory Affairs Bureau of Community and Health Systems. The facility is then evaluated to ascertain if it complies with federal regulations through certification surveys and complaint investigations by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO). When the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) determines that the healthcare facility has complied with all the requirements and regulations, it is accredited and allowed to begin operations.
Module 6- HIPAA Regulations
In this module, we will discuss the Health Insurance Portability and Accountability Act of 1996 or HIPAA. HIPAA is a very complex law that includes Limits on Uses and Disclosures, Individual Privacy Rights and Administrative Requirements.
QUESTIONS AND ANSWERS FROM SLO6
What is HIPAA and how does it serve to protect patients and their medical information? What are some of the penalties HIPAA is violated. Please find a case (in a healthcare organization) in which a HIPAA law was violated. What was the penalty for the violation?
HIPAA stands for Health Insurance Portability and Accountability Act
HIPAA protects health insurance coverage for employees and their families whenever they lose or change their jobs; it requires the establishment of national identifiers for health insurance plans, employers, and providers, and the establishment of national standards for healthcare transactions (electronic) (HealthIT.gov, 2014). The HIPAA Privacy Rule defines consent as a document, which grants healthcare workers with a direct relationship with the patient the permission to disclose and use patient health records (Department of Health and Human Services (HHS), 2016).
There are four categories of HIPAA violations. Tier 1 is a violation that the party was not aware of and could not realistically avoid the violation; the fine is $100-$50,000 per violation (HIPPA Journal, 2020). Tier 2 covers violations that each party should have been aware of, but avoidance was impossible even with reasonable care; the fine is $1,000-$50,000 per violation (HIPPA Journal, 2020). Tier 3 covers violations due to willful neglect of HIPAA regulations where the party has attempted to correct the issue; the fine is $10,000-$50,000 per violation (HIPPA Journal, 2020). Tier 4 involves willful neglect without any attempt to correct the situation; the minimum penalty is $50,000 for every violation (HIPPA Journal, 2020). In September 2016, Advocate Health Care Network paid a settlement fee of $5.5million due to three different data breaches, which affected 4 million patients (Kohgadai, 2019).
Department of Health and Human Services (HHS). (2016). HIPPA basics for providers: Privacy, security, and brech notificatoin rules.https://clearwatercompliance.com/blog/difference-consent-authorization-privacy-rule/
HealthIT.gov. (2014). Policymaking, regulation, and strategy. healthit.gov
HIPPA Journal. (2020). What are the penalties for HIPPA violations?https://www.hipaajournal.com/what-are-the-penalties-for-hipaa-violations-7096/
Kohgadai, A. (2019). HIPAA violations examples and cases – 8 cautionary tales. https://www.skyhighnetworks.com/cloud-security-blog/hipaa-violations-examples-and-cases-8-cautionary-tales/
What is the HITECH Act that was passed in 2009? How does it relate to HIPAA and why is it important?
The Health Information Technology for Economic and Clinical Health (HITECH) gives the HHS the authority to establish programs that enhance healthcare safety, efficiency, and quality by promoting health IT (e.g., secure and private electronic health exchange and protecting electronic health records) (HealthIT.gov, 2014). Both HIPPA and HITECH revolve around protecting patient’s electronic health data. HITECH helps to uphold HIPPA since it gives the relevant authorities permission to formulate and implement strategies geared towards protecting patients’ electronic health records. HITECH is essential since it enhances the implementation of the HIPPA Privacy Rule. Without HITECH, the HIPPA Privacy Rule would exist, but its implementation would be substandard.
Module 7 -Consent
Informed consent is a basic policy in both ethics and law that physicians must honor, unless the patient is unconscious or otherwise incapable of consenting and harm from failure to treat is imminent. There are numerous types of consent. It must be obtained from the patient or authorized person before a medical procedure can be performed.