Amendments to the U.S Constitution that have particular implications in science, medicine, and the delivery of health care >>>>>>

First Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. This guarantees that information relevant to science and medicine can freely flow and the government cannot show preference for any religion.

Third Amendment No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

Fourth Amendment the right of the people to be secure in their persons, houses, ppers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but n probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.

Fifth Amendment no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of war or public danger,

Nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb nor shall be compelled in any criminal case to be a witness against himself, (Miranda Right) nor be deprived of life, liberty or property without due process of law; nor shall private property be taken for public use, without just compensation.

Ninth Amendment the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. (some believe the right to health care and housing are upheld by this amendment)

Fourteenth Amendment, section 1 All persons born or naturalized in the US and subject to the jurisdiction thereof, are citizens of the US and of the State wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the US

nor shall any state deprive any person of life, liberty or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.

The American Recovery and Reinvestment Act of 2009 made these key changes to HIPAA the changes were grouped into four broad categories.

Four Changes Changes to HIPAA privacy and security regulations changes in HIPAA enforcement changes that address health information held by covered entities or business associates not expressly covered by HIPAA Changes relevant to HIPAA administration, and studies, reports, and. educational initiatives related to health care

Pages 232 and 233 show 22 Major Federal Privacy Laws passed between 1970 and 2010

Circumstances that led to the 1996 passage of federal HIPAA legislation include the following: *too many sets of codes and * too many different softwares *put designated roles into place *help cut back on malpractice suits *If a health care practice exchanges even one of the standard transactions via electronic means with a payer that practice is a covered entity. cms.hhs.gov/.

State preemption this means that if a state’s privacy laws are stricter than HIPAA privcy standards and /or guarantee more patients’ rights, the state laws will take precedence.

HIPAA Contains four sets of standards with rules that health care facilities must have implemented within a certain time frame. Standard 1 Transactions and Code Sets p 237 Standard 2 Privacy Rule p 238, 239, 240, 241, 242 Standard 3 Security Rule p 242 Standard 4 National Identifier standards p 244

Use Of PHI Did you know? Pharmaceutical and survey companies and other organizations may request patient information to target marketing efforts toward certain patient groups or to communicate general health information. These are usually NOT allowed without a patient authorization. (cont)

*HIPAA requires health care providers to have in place written policies and procedures on how to handle privacy? *A breach is defined as the unauthorized acquisition, access, use, or disclosure of PHI *the total amount of fines that can be levied in 1 year was raised from $100 to $50,000 up to a cumulative amount of $1,500,000 in one year

Patient’s Rights Pages 249 & 250 table 8-2 that health care providers may not ask patients to waive.