10.11: Standards of Care II
Nurses bear specific legal responsibilities under several federal statutes, including:
- • The Health Insurance Portability and Accountability Act (HIPAA) which was enacted on August 21, 1996.
- • The Health Information Technology for Economic and Clinical Health Act (HITECH) which was enacted on February 17, 2009.
- • The Patient Self-Determination Act (PSDA) which was enacted on December 1, 1991.
These laws are pivotal in safeguarding patient rights and privacy and ensuring that healthcare providers, including nurses, uphold the highest standards of ethical and legal conduct in patient care.
HIPAA establishes patient rights and employee protections, including the ability for employees to change jobs without the risk of losing health insurance coverage due to pre-existing conditions.. Importantly, HIPAA emphasizes the patient's right to consent to the use and disclosure of their health information, underlining the principles of privacy and confidentiality as core patient rights. Nurses must ensure that they handle patient information with the utmost care, adhering to HIPAA regulations governing the sharing, storing, and protecting of personal health data.
The HITECH Act expands upon HIPAA's foundation by introducing stricter regulations on security and breach notifications related to personal health information. The HITECH Act addresses the challenges of the digital age, including the use of new technologies and social media platforms. Nurses must be vigilant when utilizing digital tools, such as electronic health records, to manage patient data securely and promptly report and address any information breaches under HITECH provisions.
The PSDA reinforces the principle of patient autonomy, particularly concerning life and end-of-life care decisions. This act enables patients to make informed decisions about their care preferences, such as resuscitation, hydration, nutrition, and pain relief, especially in scenarios of permanent unconsciousness or terminal illness. Nurses are critical in informing and respecting these decisions, ensuring that patients' wishes are documented and honored in their care plans. The main objectives of the PSDA include the following:
- • Inform patients about their rights to make medical decisions, including accepting or refusing treatment.
- • Share the importance of advance directives, like living wills and powers of attorney for healthcare. These documents outline desired medical care and designate decision-makers if patients cannot decide.
- • Advocate for advance directives to streamline healthcare decisions before a crisis occurs.
In summary, these federal statutes collectively underscore the legal and ethical framework within which nurses operate, emphasizing the importance of patient rights, privacy, and autonomy in healthcare settings. Nurses must be well-versed in these laws to fulfill their legal obligations, provide compassionate, competent care, and comply with federal regulations.
