10.11
The nurse has specific legal responsibilities and obligations regarding the federal statutes on the Health Insurance Portability and Accountability Act, HIPAA, the Health Information Technology for Economic and Clinical Health Act, HITECH Act, and the Patient Self-determination Act, PSDA.
HIPAA provides rights to the patient and protects employees.
It allows employees to switch jobs without losing their insurance coverage throughout the year.
Similarly, it includes the patient’s right to consent to using and disclosing their health information.
Privacy and confidentiality are two fundamental rights of patients that hold significance within HIPAA regulations.
Next, the HITECH Act was enacted in response to the emergence of new technology and the rise of social media.
It broadens the principles established by HIPAA, particularly in security breaches involving personal health information.
Lastly, the PSDA upholds a patient's autonomy in deciding their life and end-of-life care matters.
It includes choices regarding resuscitation, hydration, nutrition, and pain relief when faced with permanent unconsciousness or terminal illness.
Nurses bear specific legal responsibilities under several federal statutes, including:
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