The joint operating company: operational and legal considerations.
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Biomedical subjects
Publications and source records attributed to W H Roach.
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Recent state court decisions on access to adoption records manifest judicial lack of sympathy toward disclosure of confidential adoption information and a reluctance to abandon earlier precedents. The courts have long frowned upon any action that would potentially discourage or impede the adoption process or that would potentially hurt any of the parties involved. The state legislatures, in response to intense lobbying by adoption groups, have tempered the rigid standards of earlier laws, allowing for the creation of adoption registry services in 21 states and for independent searches for biological parents to solicit their consent in 9 states. Still, only 3 states give an absolute right of inspection, while 18 require a court order before access to records will be allowed. Medical records practitioners should determine the rules applicable to the medical records of adoptees in their states. In the absence of specific court or statutory authority permitting the release of such records or of the consent of the natural parents, practitioners should refuse access to these records.
These policies and procedures accomplish two objectives. The most important objective is the protection of patient confidentiality. A secondary objective is to establish the hospital's reputation as an institution that cares about its patients and a place where celebrity patients can feel their confidentiality is secure. Failure to meet these objectives may expose the hospital to liability for breach of its patients' confidentiality and will certainly erode the hospital's reputation in its community.
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All 50 states require AIDS cases to be reported to the department of health. Many jurisdictions require HIV and ARC reporting, as well. Many states have also enacted confidentiality provisions that prohibit health care providers from releasing HIV-related information without the patient's consent, although exceptions to the statutes authorize disclosure without consent to other health providers, spouses, and other persons under certain conditions set forth in the legislation. In addition, the patient may obtain access to his or her own records and may authorize release to third parties. Providers who violate the provisions are subject to liability. The patient usually has a private cause of action for damages and costs; in addition, the state may impose fines and jail terms for more egregious violations. Finally, courts may authorize disclosure of confidential HIV information in certain situations. In the absence of a statutory provision governing court-ordered disclosures, courts will balance the patient's privacy interest against the plaintiff's need to know and the public interest involved. Several states have enacted statutes that modify this traditional balancing approach, although it is unclear whether these statutes provide additional protection for health care providers and patients seeking to prevent disclosure of information. Health record practitioners should keep abreast of legislative and regulatory developments in their states that affect use and disclosure of AIDS patient records. Careful discussion with the health institutions' legal counsel of any situation not covered clearly by applicable statue or regulation is strongly recommended.
Hospitals can cut costs and even generate new revenues by updating their telecommunications systems. Hospitals with sophisticated systems can cut costs in a number of ways. They can bypass local telephone service, use common carrier services, integrate internal transmission systems, establish private networks, and avail themselves of other specialized, cost-reducing services. A sophisticated system can also enable a hospital to generate revenue by reselling excess long-distance and local service, becoming a common carrier, installing pay telephones, and providing other services. Facilities or systems choosing to develop a large, complex system must, however, address certain legal and managerial issues. Not-for-profit organizations must, for example, determine whether selling services will endanger their tax-exempt status. A number of other legal issues will also arise. In addition, facilities or systems planning a large telecommunications upgrade should assemble a knowledgeable, experienced telecommunications project team early.
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Since the enactment of the drug and alcohol abuse related statutes in the early 1970s, medical record practitioners have been faced with technically confusing and difficult requirements for handling the records of such patients. The regulations promulgated by the Department of Health and Human Services in August 1987 are examined in this article, and the changes they bring about as well as the problems they create are discussed.
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