Free Essay

Health Insurance Cost Versus Privacy

In: Other Topics

Submitted By clarklm40
Words 735
Pages 3
Health Insurance Cost versus Privacy

HRM/546 Human Resource Law
Latisha Clark
February 9, 2016
Mr. Phillip Quintana
In the Midwest part of the state a name Computers by Design (CBD) a small computer system business. The owners of the business have noticed a continuous rise in health care insurance. After doing research, the owners have decided to hire employees that are less likely to make claims, healthy, fit and non-addicted (UPOX, 2016). Abigail along with the other owners have created a two- step program for employees that will include pre-employment screening and a program to assist them a worker to stop smoking and non-prescription drugs (UPOX, 2016). This paper will discuss the legal issues involved with pre-employment screenings. It will also cover the topics of unions, collective bargaining, and Employee Retirement Income Security Act. According to Bennett-Alexander & Hartman, the 14th Amendment states that employees are protected legally from unreasonable searches and seizures (Bennett-Alexander & Hartman, 2007). The owners of CBD need to check the state laws to understand the privacy laws that protect employees and clarify pre-employment screenings before completing a business plan. Computer by Design need to review the Americans with Disabilities Act concerning health information specifics decisions are governed but are restricted by Health Insurance Portability and Accountability Act (HIPAA, 2009). Employers cannot use the under the HIPPA law use protected health information when deciding on employment decisions without prior consent (HIPP, 2009). The protection health insurance further says that employer cannot review employee medical records and identifiable health information under the code of practice (PHI, 2016). By the Privacy Policy of CBD they can only use it is that the person involved in writing authorize the use of such information (PHI, 2016). CBD has to make sure that the policy is in plain language and contain a minimum required, so the authorization is valid for both parties (Bennett-Alexander & Hartman, p.736, 2007). After the review of these laws, the proposal that Abigail wants the candidates to be checked through medical evaluations is illegal and cannot be used to determine an employee’s eligibility (UPOX, 2016). Under the code of practice the protection of employee information, which employer cannot use personal information of employees and codify ethical standards referencing the requisition the matter (ILO, P. 617, 1997). The code of practice further states that an employer is unable to investigate the medical information of a new hire or current employee unless in conjunction with national legislation, medical secrecy, the general principles of health and safety, and only when necessary (ILO, P. 617, 1997). Under national laws or regulations an employer prohibited from completing a diagnostics or genetic testing without explicit authorization (ILO, P. 618, 1997). The code states that: “Genetic screening ... can disclose a series of Personal Data with highly far-reaching Implications for a worker's future. Therefore, be left to the employer's discretion to subject workers to such examinations” (ILO, P. 618, 1997). Drug testing can only carry out only by the law and practice or international standards of the code of practice as an executive order 12564-Federal Drug –free workplace (ILO, pg. 34, 1997). About the Employment Retirement Income Security Act (ERISA) maintenance and investment of benefit of a plan for its employees and their actives under a complex status which contains several specific regulation when establishment (Bennett-Alexander & Hartman, 2007). Under ERISA employee over 21 years of age are to be covered under the employer pension plan after completing one year of employment (Bennett-Alexander & Hartman, p.727, 2007). The owners of CBD when considering changing the insurance for the company have to provide all information to their employees. The business must provide retroactive participation for employees who were not previously reported to be part of the same insurance plan, if there is notice of change in the plan has to be disclosed (Bennett-Alexander & Hartman, p.728, 2007).

References

Bennett-Alexander, D. D., & Hartman, P. L. (2007). Employment law for business (5th ed.). New York, NY: McGraw-Hill.
HIPAA ‘Protected Health Information': What Does PHI Include? Retrieved from https://www.hipaa.com/hipaa-protected-health-information-what-does-phi-include/
International Labour Organization Code of Practice Retrieved from http://www.ilo.org/safework/info/standards-and-instruments/codes/lang--en/index.htm

Protected Health Information What is Protected Health Information (PHI)? Retrieved from

https://www.truevault.com/protected-health-information.html

Similar Documents

Premium Essay

Briefing the Cost Club Senior Regional Staff

...Briefing the Cost Club Senior Regional Staff Alvin M. Johnson Human Resource Law HRM/546 November 16, 2015 Thomas Hartnett Briefing the Cost Club Senior Regional Staff This handout is intended to explain the five key regulatory areas Cost Club must adhere to. Following is a list of those areas: Employee Privacy, Employee Unions, Occupational Safety and Health Administration (OSHA), Employee Retirement Income Security Act (ERISA), and Fair Labor Standards Act (FLSA). Employee Privacy Federal Law – General Privacy Laws * Driver’s Privacy Protection Act of 1994 – 18 U.S. Code 2721. This law limits disclosures of personal information maintained by the Department of Motor Vehicles. * Electronic Communications Privacy Act of 1986 – 18 U.S. Code sections 2510-2522, 2701-2711, 3121, 1367. This law amends the federal wiretap law to cover different types of electronic communications i.e. e-mail, radio-paging devices, cell phones, private communications carriers, and computer transmissions and extends ban on interception to the communications of wire or electronic communication services and restricts access to stored wired and electronic communication/transaction records. * Family Education Rights and Privacy Act of 1974 (FERPA) – 20 U.S. Code section 1232g. This law restricts the disclosure of educational records. * Fair Credit Reporting Act (FCRA) – 15 U.S. Code sections 1681-1681u. This law promotes accuracy, fairness, and privacy of information gathered by......

Words: 1333 - Pages: 6

Premium Essay

Patient Satisfaction

...to unnecessary testing, staffing, training, or privacy issues? All of them have an impact. Every patient have experiences that are quite different, however, many can agree that their main concern is the quality of care. Many facilities like hospitals, clinics, and major health care insurance companies have been struggling to control the numbers of disgruntled patients complaining about the quality service they received at their provider offices. Even though this is dealt with an institutional level, the United States Department of Health and Human Services also struggles at a federal level as they try to find ways to improve quality of health care for their people. Every year, Congress is given a report submitted by the United States Department of Health and Human Services from various agencies, such as Agency for Health Care Research and Quality (AHRQ), Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Health Resources & Services Administration (HRSA), Food & Drug Administration (FDA), Indian Health Services (HIS), National Institutes of Health (NIH),  Substance Abuse & Mental Health Services (SAMHSA) of their agency specific quality-strategic plans (AHRQ, 2002). To develop quality-strategic, each agency follows the National Quality Strategy (NQS) guidelines that outlines specific areas that impacts quality. All agencies are trying to find ways to improve quality by making health care to be more personal (patient-centered),......

Words: 885 - Pages: 4

Premium Essay

Health Care Law and Regulations

...Health Law and Regulations Stephanie Sauceda HCS/545 March 17, 2014 Mary Cummings Health Law and Regulations Health care in the United States has changed over the years and the federal government saw need to establish regulatory agencies such as the Centers for Medicare & Medicaid Services (CMS) to ensure the elderly, disabled and low income receive quality and cost-effective health care. As a result of health care costs sharply increasing, the government determined it needed to have oversight on the health care industry and pushed for the establishment of managed care organizations (MCO). CMS enforces the Emergency Medical Treatment & Labor Act (EMTALA); this act was created to ensure health care organizations provide a minimum of a medical screening exam to determine if complaint is emergent or not. Most importantly for EMTALA is the obligation to treat emergent cases regardless of the patient’s ability to pay for services. In 1996, the Health Insurance Portability and Accountability Act (HIPAA) was approved by the United States Congress to regulate the use of and protect patient health records and the Department of Health & Human Services oversees the compliance and violations of HIPAA (Department of Health & Human Services, n.d.). The intentions of many of these regulatory agencies is to oversee that the health care industry is providing quality, affordable health care and treating patients with fairness and privacy. In 2008, the Centers for......

Words: 1686 - Pages: 7

Premium Essay

Data Sysytems

...University of Phoenix Data Systems Learning Team Paper Team A: Renee Wilson, Ferdinand Habijan, Maryrose DeFino, Stasia Bowling HCI 520 Data Management and Design January 16, 2012 Steven Fowler Introduction This paper will address data systems; a database is an organized group of files that are related and considered the supporting constructs of a database management system. It is maintained and considered an integral part of most organizations worldwide. The database management system houses a program that enables storage, modification, and extraction of information from a database. In this paper team A will address database the phases of the database life cycle, and provide a conceptual representation for a database system. Team A focused on relational data model utilizing the Oracle database management system. Implementation of a Database System The purpose of the implementation phase is to make the new system available to a prepared set of users. In this phase the construction and installation of the new database system is initiated according to the plan and design that represents all aspects of the organization, including its interactions with the external environment, this requires matching the design requirements with the best available implementing tools and then using those tools for the implementation. There are several basic steps to implementation of a database system. Determine the need, for developing a new system; identifying user......

Words: 2836 - Pages: 12

Premium Essay

Data Systems Learning Team Paper

...University of Phoenix Data Systems Learning Team Paper Team A: HCI 520 Data Management and Design January 16, 2012 Introduction This paper will address data systems; a database is an organized group of files that are related. It is maintained and considered an integral part of most organizations worldwide. In Data Base Management, programs enable you to store, modify, and extract information from a database. In this paper team A will address database types, demonstrate a conceptual representation for a database system. We focused on relational data model to explain how DBMS organizes information in different formats and design models. Implementation of a Database System The purpose of the implementation phase is to make the new system available to a prepared set of users. In this phase the construction and installation of the new database system is initiated according to the plan and design that represents all aspects of the organization, including its interactions with the external environment, this requires matching the design requirements with the best available implementing tools and then using those tools for the implementation. There are several basic steps to implementation of a database system. Determine the need, for developing a new system; identifying user needs; developing the contextual and external and internal level schemas; translation of the internal level schema into the actual......

Words: 3000 - Pages: 12

Premium Essay

Wil Report

...order to successfully build commercial and residential infrastructure. Having the opportunity to work alongside industry professionals has been an extremely rewarding experience that has expanded my knowledge and skill base through continued industry practices within my job responsibilities as a Construction Cadet. Rimfire’s outlined Cadet program aims to complement the university’s course structure by incorporating teachings from different components of the businesses structure. This provides a greater exposure to the necessary elements required in order to maintain the continued operations of a successful construction company. During my employment I have been able to cover sections including estimating, contracts administration, cost reporting, document control and involvement in developing tender packages. Experiencing this variety of works has enabled me to realize the area of work I wish to move into once I complete my degree and Rimfire’s cadet program. Without exposure to these categories I would not have been able to make an informed choice on my future career ambitions post graduation. This future ambition involves continuing down the path of contracts administrator and onto Project Manager. In summarizing the reflection detailed in the attached report, receiving practical industry experience is an invaluable learning curve to a fulltime university student. Making...

Words: 3981 - Pages: 16

Premium Essay

Zara International

...Chapter 9 health and disability insurance |CHAPTER OVERVIEW | Planning a health insurance program needs careful study because the protection should be shaped to the needs of the individual or the family. However, the task is simplified for many families because a foundation for their coverage is already provided by group health insurance at work. We begin the chapter by recognizing the importance of health insurance in financial planning and define health insurance. Then we analyze the benefits and limitations of the various types of health insurance coverage. Private and governmental sources of health insurance and health care are presented next, with a complete coverage of health maintenance organizations (HMOs). Then, we discuss the importance of disability insurance in financial planning and identify its resources. Finally, we explore why the costs of health insurance and health care have been increasing and what is being done to curtail them. |LEARNING OBJECTIVES |CHAPTER SUMMARY | After studying this chapter, students will be able to: |Obj. 1 |Recognize the importance of health |Health insurance is protection that provides payments of benefits for a covered sickness | | |insurance in financial planning. |or injury. Health insurance should be a part of your overall insurance program to ......

Words: 8147 - Pages: 33

Premium Essay

Business Proposal Econ 561

...industry to utilize for patient check-ins and/or dispersing some medicines to patients. Let’s further discuss how this could be beneficial to the market. Market Structure- It is said that this is a new age for healthcare kiosks. So many people are adept to new and constantly changing technology. The health care industry is one that has proven to be recession free in terms of the business cycle stages. Unaffected by catastrophic events due to the industry making more in dividends and excelling in marginal revenue (Wunker, 2013). Healthcare self-service innovators such as Allscripts and Fujitsu, Clearwave, Nova Medical, HealthAsyst, MedHost, and Interior Health have turned to KIOSK’s custom design expertise to bring new patient check-in solutions to market (Kiosk, 2015). KIOSK’s ability to leverage modular design efficiency and integrate highly custom peripherals has provided these clients with exceptionally cost competitive market entry points.  Application specific peripherals such as biometric identification, insurance card scanners, cameras, privacy screens, and payment transaction devices streamline patient and work flow, improve financial performance, ensure HIPAA privacy compliance, and provide patients with markedly improved service (Kiosk, 2015). Given the vast...

Words: 1585 - Pages: 7

Premium Essay

Health Care Information Systems Terms

...Post Week 1 Health Care Information Systems Terms HCS/483 Healthcare Information Systems - Week 1 Name: Guidelines: Please use this form to submit your assignment and NOT the one on the UOPX website. Define the following terms. Your definitions must be in your own words; do not copy them from the textbook. After you have defined each term in your own words, describe in at least 50 words the health care setting in which each term would be applied. Utilize a minimum of two research sources to support your claims—one from the University Library and the other from the textbook. Be sure to cite your sources in the References section consistent with APA guidelines. This assignment is due Week One. 1. Health Insurance Portability and Accountability Act (HIPAA) Definition This was a federal law placed to protect patient information. How Used in Healthcare HIPAA is used to safeguard and protect patient information and without the use of HIPAA, private patient information could be exposed. HIPAA is critical because it could have an effect on health care workers, patients and the health care facility as well. Violation of HIPAA laws could cause a health care worker to lose their job, it could violate a patient’s rights, and it could damage the facility’s credibility. 2. Electronic medical record Definition An electronic medical record is a computerized medical record used to store patient information. How Used in Healthcare Electronic medical......

Words: 1063 - Pages: 5

Premium Essay

Common Information Security Threats

...Common Information Security Threats NAME CMGT400 – Intro to Information Assurance and Security DATE INSTRUCTOR Common Information Security Threats Information is one of the biggest and most important assets an organization has. This information is what drives a company, such as Bank of America, to be profitable and retain a customer’s trust. Without the customer’s trust, an organization will lose those customers, and therefore will be unsuccessful. So, in order to manage information securely, a risk assessment of all data storage devices and data transmitters should be produced to weigh the potential risks involved, the vulnerabilities of the risks, the impact the risks may cause, and the mitigation needed to safeguard any threats from occurring. The most well known, and one of the biggest threats to information loss are undoubtedly viruses, Trojan horses, and worms. These threats are no longer only considered childish annoyances as they once were. They can cause serious damage to an organization whether it’s financially, or to their reputation. Often referred to as malware, which means malicious code, these programs infect information systems that can replicate at a rapid rate by exploiting vulnerabilities in a computer’s operating system or network. These malicious tools can be used to steal company data, destroying information completely, or bringing down an entire corporation to its knees. In addition to malware, Distributed Denial of Service (DDoS)......

Words: 1137 - Pages: 5

Premium Essay

Emr Research and Opinion Paper

...CONTENTS I. Advantages of EHRs 2 a. Cost Containment 2 b. Empowerment 3 c. Improved Communication 4 d. Less Waste 4 e. Compliance 5 II. Disadvantages of EHRs 6 a. Lack of Standardization 6 b. Security & Privacy Concerns 7 c. System Infrastructure Issues 8 d. Risk of Liability and Patient Uncertainty 8 III. EHR Technology 9 a. EHR Benefits 10 b. EHR Types 11 c. EHRs Future Evolution 13 d. EHR Technology versus Handheld SMART devices 14 IV. Trends and Consequences 15 a. Aggressive Implementation 16 b. High Costs 16 c. Labor Investment 17 d. Opportunity Cost 17 e. Impact on Researchers, Policymaker and Educators 18 V. Final Opinion 19 VI. Bibliography 22 VII. Appendix I 28 VIII. Appendix II 31 I. Advantages of EHRs In an effort to reign in rising health care costs and increased health care disparity and inequality in the U.S., former president George W. Bush doubled the funding for Health Care Information Technology to 100 million in 2005 (The White House). It was part of a larger plan to utilize latest information technology to standardize patient and health records, which despite spending 1.6 trillion dollars, attributed to 98,000 medically related errors in 2004. The plan was part of his campaign promise and was reiterated in his January 20, 2004 State of the Union address when, President Bush remarked, “by computerizing health records, we can avoid dangerous medical mistakes, reduce costs, and improve care.” ......

Words: 7955 - Pages: 32

Premium Essay

Healthcare Ethics

...difficult for him to make ends meet. With only six employees, the company’s owner cannot afford to offer health insurance. Leo’s annual salary of $30,000 allows him to purchase only the most basic of health plans, one that does not include coverage for prescription medications. Leo frequently must decide between medications and food, often opting for cheap junk food that is neither nutritious for his young family nor appropriate for a diabetic diet. Leo has recently applied for and been offered several other jobs, but at a lower salary and with no health insurance coverage. Recently, Leo’s diabetes has worsened. He has developed a serious infection that has led to lost wages and, far worse, the loss of his right leg below the knee. Leo is weighing his options. He has heard about a new clinical research trial open to insulin-dependent diabetics that pays $100 a week to research subjects. He has also been quite depressed and begun to wonder if his children might not be better off without him. He has several life insurance policies that would pay off generously if something were to happen to him, and he has broached the subject of assisted suicide with his long-time physician. Is there a way, he asks his physician, to have his death look like it was from natural causes so his children could collect on the policy? CHAPTER QUESTIONS 1. What ethical responsibilities do health care professionals have to their patients? 2. What ethical rights do patients have?...

Words: 9363 - Pages: 38

Premium Essay

Funcions of Management

...Management and Ochsner Hospital In today’s society it takes strong leadership and management skills to not only run a successful business, but a prosperous life as well. Frequently, individuals think of managers as the front-runners of the companies and organizations. Nevertheless, strong management and leadership go far beyond being profitable and widely recognized. Organizations develop a number of assets in to achieve effectiveness and to reach set goals and ideas.   Internal and external factors affect the four functions of management and if approached productively can lead to a productive outcome.   Four Functions of Management The four functions of management are planning, organizing, leading, and controlling (Bateman, 2011). Planning is fairly self-explanatory. Leaders must conclude what the objective is and how to accomplish it. Organizing is the act of conjoining the right combination of people and assets to attain the set goal. Leading includes stimulating members of the business to want to encounter the goal and to do so in both an appropriate and a profitable way. Lastly, controlling is the ongoing performance of studying the outcomes, keeping what works, and eliminating what is not working to successfully meet and possibly exceed the organization’s specified goals. Internal and External Factors The four functions of management significantly affect both...

Words: 2044 - Pages: 9

Premium Essay

E Business

...Wee-Care Urgent Medical Website Plan 1909 Oak Bluff Trail Austell, Georgia 30122 770-942-3199 weecare.com Monifa Mwangi January 4, 2011 Executive Summary One of the top complaints of individuals seeking non-critical emergency services is wait time. For emergency room visits, a patient may spend 2-3 hours in an emergency waiting room for non-critical treatment such as fever, cough, sprains, etc. Quick2treat is an online concept developed to allow consumers access to WeeCare’s current office wait times and allows the patient to schedule an appointment, or hold their place in line for urgent care treatment. Once the patient has confirmed the appointment time, the patient is guaranteed to be seen within 15 minutes upon arrival. Internet registration for non-life threatening emergency department services that allows patient and family to avoid dreaded time in a waiting room. The concept of Quick2treat follows current technology for real-time online status reporting used by the airport industry, amusement parks “fast pass” system and online reservation services in restaurants. The market indicates that there is a significant need for quality “urgent” care other then emergency services provided by area hospital’s emergency rooms. Currently, the clinic employs competent, well-educated physicians and support staff to respond to the current needs of patients, however, there is room for growth. WeeCare has developed an excellent reputation with many of patients,......

Words: 4295 - Pages: 18

Premium Essay

Healthcare and Information Technology

...different healthcare teams and external insurance payers. The underlying assumption underpinning the introduction of IT in healthcare is that, improvements in information flow will eventually translate into improved quality of care (Mort M, 2009).The US Healthcare system is slowly moving toward Electronic Health Records. As mandated by the government all healthcare establishments need to be complaint by 2014 as per this report ( ref).In IT's infancy, healthcare organizations used it for limited payroll and accounting functions. Today, healthcare organizations can use technology for direct deposit of their payroll, receiving payments from insurance providers, remote patient monitoring, clinical data processing and remote delivery of diagnoses (Bernstien, 2007). At every step of its evolution, IT has become more affordable, more powerful, more reliable, and more accessible and above an all much more versatile in the amount of applications than it was conceived for (Bernstien, 2007). The challenges faced by the industry are on multiple fronts, including rising costs and inconsistent quality (McGlynn et.al, 2003). Health information technology, especially electronic health records has the potential to improve overall quality and effectiveness of healthcare providers (Chaudhry, 2006). Over the last few years US policy makers with help of American Recovery and Reinvestment act of 2009 has made the promotion of national, interoperable, standardized health information system a......

Words: 2024 - Pages: 9