The Health Care Consent Act (HCCA) sets out explicit rules and specifies when consent is required and who can give the consent when the client is incapable of doing so (College of Nurses of Ontario (CNO), 2009). According to the HCCA (1996), there is no minimum age for providing or refusing consent in Ontario. A person is capable if he or she understands the information given that is relevant to making a decision concerning the treatment, and can appreciate the anticipated consequences of both accepting or declining a treatment. (Keatings
Since HIPAA become mandatory on most of the health care organization, patient information is more secure compared to previous. Health care organization are investing huge amount of fund for safety measures to protect the patient information and i think this is the main concern in today's advanced health care
As a result of HIPPA Privacy Rules the processes of the healthcare has changed. The HIPPA Privacy Rule may now supersede state laws. At first the Privacy Rule was only a federal floor or minimum of privacy requirements so it does not preempt or supersede, stricter state statues or other federal statues. The word stricter refers to state and federal statues that provide individuals with greater privacy protection and gives individuals greater rights with the respect to their personal health information.
Individuals have the right to a choice, to determine what will and will not be done to their body, including accepting or refusing medical treatment (Taylor, 2010, p. 148). However, one cannot make these types of decisions until they are 18-years-old. This provision explains that patients should be involved in their own plan of care if they are competent and choose to participate. In this case, C.C. refuses to participate and since she is a minor, her mother is the one who can make the decision by law. C.C’s mother agrees with her daughter in the refusal of medical treatment.
This type of consent today is at most unfair, how is someone supposed to understand an endless amount of material that they know nothing about . Who is going to even read those 40 pages ? Most people will just sign and not go through the hassle of understanding , and the doctors should keep that in mind when asking the patient for permission . There are some that also say that the patient should understand and it’s their problem if they don’t. This point is easily unrealistic , because it is suggesting what basic knowledge of every person should have, which reveals that it’s more opinion than
Similarly, all clinicians need to gain consent from nearly every patient, either verbal or non-verbal, unless in an immediately life-threatening condition. To refuse consent, a patient has to have all information presented to them by the clinician including; the risks they may face, other alternatives to the initial treatment plan and likelihood of success (SCAS, 2016, 5.3). Consent given by a patient under unfair pressure from a friend/family member or clinician, is not considered consent as it is not the patient’s decision. If a valid consent has been given, then a patient is entitled to withdraw their consent at any time. If a patient lacks capacity to give consent, and has no nominated person with Lasting Powers of Attorney, then no one can give consent on their behalf (SCAS, 2016,
The Health Insurance and Portability and Accountability Act ( HIPAA) of 1996 provides security provisions and data privacy for protecting a patient’s medical information. HIPAA has guidelines to ensure that a patient’s confidentiality is maintained while allowing the communication of a patient’s medical records between certain bodies or people or officials. Officials that a patient’s medical records can be shared with are other health care providers, health plans, business associates, and health care clearinghouses. HIPAA protects all “ individually identifiable health information”. There is a specific protocol to follow when sharing a patient’s medical information.
“Healthcare Reform 101,” written by Rick Panning (2014), is a wonderful article that describes, in an easy-to-understand language, the Patient Protection and Affordable Care Act, signed into law March 23, 2010. The main goal of the Patient Protection and Affordable Care Act was to provide affordable, quality healthcare to Americans while simultaneously reducing some of the country’s economic problems. Two areas will be covered throughout this paper. The first section will include a summary of the major points and highlights of Panning’s (2014) article, including an introduction to the ACA, goals of the signed legislation, provided coverage, and downfalls of the current healthcare system. The second part will be comprised of a professional
Although, in this case the patient request was denied due to her not being of legal age, this court case falls under "rights related to freedom of choice and government interference". Even though was only a few months from her eighteen birthday when this occurred, she was not the legal age and her actions to the courts did not prove she was a mature
With the type of service that I work for the way that consent is obtained is through communication with the individuals care manager or funder who will complete an individual assessment, gain consent to share information with our service/ staff and will then forward this on to our service. Once we have received the referral with consent we will then arrange a date for a full assessment which will either be a face to face or telephone assessment where we will then discuss with the individual about consent, why we require consent and who information will be shared with. We will also explain that there are different levels of consent such as partial consent, this will be used for information relating to emergencies or to update family members
What Obamacare stands for wasn’t some average healthcare plan, it was a solution to a growing problem of people that did not have any access to affordable healthcare. Obamacare is known in two parts: The Patient Protection Act and the Affordable Care Act (PPACA). The Affordable Care Act was signed into law on march 24th, 2010
North Carolina Laws & The HIPAA Privacy Act To properly compare and contrast North Carolina Laws vs federal laws on medical privacy, we need to first identify what he Federal Health Insurance Portability and Accountability Act is. HIPPA requires healthcare providers to ensure that the health information of an individual is used only for purposes related to operations, payment or treatment. It also requires that only the minimal amount of personal information is disclosed. It also entails that these disclosures are only revealed to persons who need to know the information in order to conduct the practice's operations, obtain payment for services, or treat the patient. HIPPA also creates and establishes the authority to mandate the use of standards
The Uninsured With the 2016 election passing just a mere month ago, we have all had our fair share of politics. And without a doubt, if you watched any of the debates, you heard about the Affordable Care Act, more commonly known as Obamacare. While Trump, along with Republicans. wants to repeal this law, Hillary, along with Democrats, wanted to build off of it(What Donald Trump, Hillary Clinton Have Promised To Do To Obamacare).
When President Obama was elected into office in 2008, one of his promises was to reform the American Health Care System. On March 23, 2010 he succeeded by enacting the Affordable Care Act into law. According to the official Medicaid website (2015), “The Affordable Care Act is a combination of two piece of legislation titled The Patient Protection and Affordable Care Act and Healthcare and Education Reconciliation Act of 2010. The main goal of the Affordable Care Act is to provide American citizens with better health security by putting in place health insurance reforms that will: Expand coverage, hold insurance companies liable, lower health care cost, guarantee more choice, and enhance the quality of care for all Americans.” The Affordable
Healthcare professionals must work on the assumption that every patient has the capacity to make decisions about their care, and to decide whether to agree to, or refuse, an examination or treatment. However, in the case that patients are deemed to be lacking capacity the Mental Capacity Act (2005), The Adults with Incapacity (Scotland) Act (2000) legislations must be followed (General Medical Council, 2008). Gaining consent before providing care or treatment to any patient is very important because patient requires
People under the age of 16 are not entitled to consent to medical treatment. However, exceptions may be made if hospital staffs are satisfied that patients are mature enough to make the decision for themselves. A hospital must not refuse to give you emergency treatment, unless the appropriate medical facilities or personnel aren't