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ASSIGNMENT: Examine this situation involving HIPAA and argue a stance on the ethical and legal implications involved for both the patient and...

Examine this situation involving HIPAA and argue a stance on the ethical and legal implications involved for both the patient and hospital. Support statements with logic and argument. Does the current law need to be clarified or amended? Explain the reasons for your conclusion.

ASSIGNMENT: Examine this situation involving HIPAA and argue a stance on the ethical and legal implications involved for both the patient and hospital. Support statements with logic and argument. Does the current law need to be clarified or amended. Explain the reasons for your conclusion. SITUATION: Field Memorial is an acute care general hospital in Windsor County. It is owned and operated by a private, nonpro±t corporation, and it has tax-exempt status under federal and state tax laws. Field Memorial provides a large volume of uncompensated care and service to Medicaid patients, but it receives no public funds from the county government. Windsor County has no public hospital. The only other hospital in the county is a for-pro±t facility that provides relatively little uncompensated care. Therefore, Field Memorial is the safety- net hospital for uninsured, underinsured, and Medicaid patients in the region. Under these circumstances, Field Memorial relies heavily on its insured patients to subsidize its indigent care and its losses on Medicaid patients. On April 6, 2013, George Long went to the outpatient department of Field Memorial for diagnosis and treatment of back pain. Long had made an appointment for that outpatient visit, and he arrived at Field Memorial on schedule. Long had been to Field Memorial many times for his back pain and for treatment of his mental health conditions. As indicated by his medical record at Field Memorial, Long had a history of mental health problems, including episodes of delusion. On that particular day, Long was escorted to an examining room in Field Memorial’s outpatient department and was instructed to wait for the nurse. A few minutes later, the nurse arrived to ±nd Long running around the examining room in an agitated manner. The nurse was unable to calm him and immediately called for the doctor. The doctor and nurse held Long’s arms for about one minute until he became calm. After Long assured them that he could remain calm, the doctor completed examination of his back and instructed him to return in two weeks if he was still in pain. One week later, Long went to the o²ce of a private, nonpro±t advocacy organization called Patient Rights of Windsor County (PRWC) to discuss his recent experience at Field Memorial. Long told the president of PRWC that during his visit to Field Memorial on April 6, 2013, the doctor and nurse at Field
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Memorial had slapped him in the face and hit him in the stomach. With the help of the president of PRWC, Long called the local newspaper and gave this same account to a reporter. The reporter took detailed notes of the conversation with Long and then called the CEO of Field Memorial to hear her side of the story. However, the CEO replied that, because of privacy laws, she could not comment or provide any information about any individual patient at Field Memorial. The local newspaper published a story about Long’s allegations, including the details of his statement and the fact that Field Memorial’s CEO had no comment. Long has not ±led a complaint with the police or with any government agency about this alleged incident, nor has he ±led any legal action against Field Memorial or the individual healthcare professionals. During the next few weeks, members of PRWC participated in a series of demonstrations on the public sidewalk in front of Field Memorial. Many of the PRWC members carried signs that stated “Stop Field Memorial from beating patients.” The local newspaper published three stories about those demonstrations, in which the newspaper repeated Long’s allegations and Field Memorial’s refusal to comment. In the three months since the ±rst newspaper report about Long’s allegations, Field Memorial has experienced a severe drop in visits by patients who have coverage through commercial health insurance or employer-based health plans. It appears that a substantial majority of those insured patients have chosen to receive care at the for-pro±t hospital in the county or at hospitals in other counties. Field Memorial relies heavily on those insured patients to subsidize its indigent care and its losses on Medicaid patients. Field Memorial has determined that it will be unable to pay all of its operating expenses if this situation continues for another six months. The CEO of Field Memorial attempted to communicate with Long in an e²ort to resolve the matter or, at least, obtain his consent to allow Field Memorial to release his medical record to the local newspaper. The CEO even suggested that it might be possible to make a ±nancial settlement with him, in exchange for a neutral press release that would be acceptable to both sides. However, Long refused to discuss any type of settlement and refused to consent to the release of his medical record. The board of trustees of Field Memorial (“the board”) held an emergency meeting to discuss the situation and consider its options. After receiving an update from the management of Field Memorial, members of the board suggested various alternatives. Board member A argued that Field Memorial
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Long and Hospital.docx

The tussle between the patient and the hospital has both ethical and legal implications, whichever
way the two conflicting parties handle the matter. Essentially, there seems to be application of...

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HIPAA, the Privacy Rule, and Its Application to Health Research This section gives an outline of the improvement of the... View the full answer

3 comments
  • For any clarification please infom.
    • 1991antoanto
    • Jul 20, 2016 at 7:35am
  • REQUEST: argue a stance on the ethical and legal implications from the patient's point of view and then by the hospital's point of view, then summary. this is about a hospital situation, not restating the legal rules
    • shirleybpayne
    • Jul 20, 2016 at 7:42am
  • Ok let me try work on it.
    • 1991antoanto
    • Jul 20, 2016 at 7:55am

Given Information : Key Facts : Name of the hospital : Hilltop Memorial Hospital (HMH) Speciality : Acute care general... View the full answer

1 comment
  • cut and pasted from chegg answer
    • shirleybpayne
    • Jul 20, 2016 at 7:48am

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