Legal and Ethical Obligations for Healthcare Organizations

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MANAGING LEGAL AND
ETHICAL COMPLIANCE
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Table of Contents
INTRODUCTION....................................................................................................................................................3
TASK 1 ....................................................................................................................................................................3
1.1 Privacy and confidentiality policies. ............................................................................................................3
TASK 2.....................................................................................................................................................................3
2.1 Receptionist releasing information of one patient to another.......................................................................3
2.2 Staff members are not able to abuse client...................................................................................................4
2.3 Behaviour of staff members. ........................................................................................................................4
TASK 3.....................................................................................................................................................................4
3.1 Legal and ethical obligations that applies on the organization.....................................................................4
3.2 Meet the requirement of legal and ethical obligation...................................................................................4
3.3 When and why legal advices are compulsory...............................................................................................5
3.4 Ethical issues.................................................................................................................................................5
3.5 Records which are company required to keep..............................................................................................5
3.6 Steps to ensures staff members are complying to legal and ethical obligation............................................5
3.7 Possible breaches which are related to legal and ethical conduct.................................................................5
3.8 Consequences of non-compliances...............................................................................................................6
3.9 Duty of organization if breaches occur.........................................................................................................6
3.10 Report by the staff members for unethical act............................................................................................6
3.11 Accreditation...............................................................................................................................................6
3.12 Firm can maintain knowledge of compliance requirement........................................................................6
3.13 How continuous improvement can help to maintain compliance requirement..........................................7
CONCLUSION .......................................................................................................................................................7
REFERENCES ........................................................................................................................................................8
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INTRODUCTION
Managing ethical and legal compliances are able to conduct research and collect
information as well (Crane and Matten, 2016). This section is define as the skills and
knowledge which are required required to research information related to compliances and
ethical responsibilities.
TASK 1
1.1 Privacy and confidentiality policies.
There is a growing concern that every company have to manage privacy and
confidentiality policy in their premises. On the basis of given scenario HBO medical practice
doesn't maintain this policies which is firstly realised by the Jenny who is recently join
premises as Practice manager. Through Privacy and confidentiality the internal information
must be kept and not able to reveal in front of other people.
After maintain the policy HBO practice have to inform their patient about Privacy and
confidentiality practices (The Australian Privacy Principles). In confidentiality agreement
stated that it is the legally binding contract. In this process person or a business promises to
kept secrete the information and not to disclose it in font of other people. If this agreement
maintain in the HBO practice then patients who are waiting in the front desk not able to hear
the issues which are discussed by the nurses (MacLean and Behnam, 2010). If companies
maintain privacy and confidentiality policies then staff members are bot able to disclose
important information in front of third party. In order to maintain Privacy policy Roger who
is the Practice director of HBO needs to set security for maintain these policies with in the
premises. Before making any changes staff member needs to take consent of their patients
(17: Australian Privacy Principles). They needs to hear privacy related matter try to resolve
them in order to maintain them as well.
Policies which are involve in maintain privacy and confidentiality of medical practices are as
aligned below:
Firstly, they needs to conduct meet with other members and instruct them for
maintaining privacy in the organization.
Follow the rules of protection members.
Not to disclose information in front of others.
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At the implements plans which they framed regarding privacy policies, for the
same purpose they have to receive consent from other members.
Medical practices have to frame rules and regulation in order to kept secret
their internal information and data. This process having impact on the entire
business organization.
Those have to follow all staff members of the medical premises.
Not to disclose their financial document in front of third party and have to
maintain privacy as well.
Those policies are useful in order to maintain privacy and confidentiality with in the
premises. Through they able to maintain their performance and disclose their important in
front of others. These can use in the long time through they can able to maintain better
environment which having impact on the entire business. Managers and leaders of HBO
practices have to frame some rules and regulation which are related with those policies and
follow by the each and every members.
TASK 2
2.1 Receptionist releasing information of one patient to another.
In the premises of HBO practice large number of patients are come for the treatment.
Before admit receptionist record all their contact details for completing formalities of
Medical practice. But they are not able to reveal information of one patient to another. If
receptionist disclose contact of patient X to B then this is not the power them. In order to
resolve problem premises have to maintain privacy and confidentiality and not to disclose
information like that. Under the many new law if a patient receives many service like meals
the hospital must provide written and oral notification within the limited time line of the
patients outpatient or observation status. Inpatient or outpatient status makes as a crucila
difference from the medicare patient.
2.2 Staff members are not able to abuse client.
If staff members are abuse their client through this they can loss customers and reduce
their market image as well. Staff members have to maintain polite nature with their client and
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not to abuse them for any reason (Verhezen, 2010). They are responsible to help and try to
resolve their problems.
2.3 Behaviour of staff members.
Every client who comes in the medical practice with the hope the to reduce their pain
and get well soon. So that, this the responsibility of staff member to take care of them rather
than making gossiping on them. Staff members having a responsibility to take care of them
and provide proper medical treatment to them. They must ensures that proper medical
treatment is allotted to them or not.
Patient access to their health information
Patient access to health information means the better care our self to get the new information
about the rate of EHRs. The health information become more digital, getting access to it
ourselves as well as parties or care givers. The patients must be able to access and share the
health information with the right to see and obtain a copy of their medical report. Healthcare
providers to provide patients with the timely electronic access to their informarmation about
the health including lab result, problems list, and medical list within the business days
information being available as a professional form.
TASK 3
3.1 Legal and ethical obligations that applies on the organization.
Health care services organizations are able to maintain proper health of their
customers and try to improve their standard of living as well.
Legal and ethical obligations are as aligned below:
These companies are able to provide proper health care treatment to their
customers as well as comply with the rules and regulations which are imposed
on them.
These are the public heath care organization which are responsible to provide
proper health care treatment to their patient.
They needs to offer proper healthy and safety environment to people.
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3.2 Meet the requirement of legal and ethical obligation.
Every organization have to applied proper legal and ethical obligation which are
created by the compliance department (Menzel, 2012). People can update their knowledge
through reading the latest update of compliance department which are able to improve their
knowledge.
3.3 When and why legal advices are compulsory.
At the time of formation of health care services providing organization, that time they
require legal advice. Some rules and regulations are prepared by the government which have
to be fulfil by them (Short and Toffel, 2010). Through legal advice they are able to maintain
legal and ethical environment with in the organization. In order to perform legally and
ethically organization needs legal advices. With the help of this they can easily file case
against any person.
3.4 Ethical issues.
The issue in which members are require to understand or choose among alternatives
either it is right or wrong. Ethical issues which are based on Australia are required proper
planning and strategies in order to get the effective solution for that. They needs to maintain
various policies in order to figure out the best solution. Some ethical issue which needs
policies are as aligned below:
Decision making issues- Ethical decision making process are plays an
important in every business organization.
Fundamental issues- These issues are related with the trust and integrity which
can be easily resolve with the help of making policies.
3.5 Records which are company required to keep.
Every organization needs to maintain proper records of transaction which are
conducted with in the premises (Shum and Yam, 2011). Health care services organization
record which are maintain their financial record which they prepare at the time of
incorporation. Also they needs to maintain proper records of their clients as well to whom
they provide health care services.
Access to personal health information by practice staff
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The medical record is one of the most essential tools use in the many services providers.
Alteration of medical record can carry serious consequences for the practitioner. It documents
include the patient’s history, its problems, and the provider’s thought process, the basis
instruction for the diagnosis and treatment, and communications with the patient.
3.6 Steps to ensures staff members are complying to legal and ethical obligation.
Company must ensure that their staff members have to to comply with the legal and
ethical obligation which can are necessary for every business organization. Members have to
maintain these obligation in order to provide proper health care services to their clients.
3.7 Possible breaches which are related to legal and ethical conduct.
Every organization can face breaches to legal and ethical conduct which are
Australian based which is not beneficial for them. Breaches are like when organization as
well as their staff members are not able to follow complying with the legal and ethical
obligation. So that, members have to conduct regular check of their performance. Staff
members needs to fulfil rules and regulation which are imposed on them.
3.8 Consequences of non-compliances.
Every company must ensures that their staff members have to comply with the rules
and regulation which are imposed on them (Shewan and Coats, 2010). Those compliances are
Australian based. If they not to do so then they have to face some complication which are as
follows:
For non-compliance penalty is imposed on them with the amount 20,000
dollars on each and every illegal worker.
Also they are liable for the imprisonment which minimum 6 months and
maximum 5 years.
Various types of consequences are have to be face by the every organization for non-
compliance.
3.9 Duty of organization if breaches occur.
Every company needs to continuously check that staff members should comply with
the stated rules and regulation or not. If breaches are occur they needs to resolve the problem
and try to identify the best possible solution for that. They needs to provide proper training to
their staff members in order to comply with the rules and regulation.
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3.10 Report by the staff members for unethical act.
If any unethical act or breaches are conducted in the organization then staff members
have to give report to the higher authority and try to resolve the problem which is arise with
in the organization (Gallin and Ognibene, 2012). Firstly, they must prepare an report for any
unethical issue then and deliver them to the higher authority is able to take action.
3.11 Accreditation.
The process which is related to certification to competency, authority is known as
Accreditation which are Australian based. Companies that issue certify the third party which
against official standards are known as accreditation bodies.
3.12 Firm can maintain knowledge of compliance requirement.
Organization can maintain proper knowledge of compliance requirement through
getting information from various sources and improve them as well. Also with the help of
continuous learning companies are to build up their knowledge and enhance performance as
well.
Firms can maintain its function of requirement to getting the new learning about the new
tools and techniques to increase the performance.
3.13 How continuous improvement can help to maintain compliance requirement.
Continuous improvement is the effective techniques which help companies to
maintain proper compliance requirement with the premises (Manage legal and ethical
compliance CHCLEG003, 2014). Through this process companies are able to improve their
performance and conduct proper compliance as well.
Confidentiality agreements
A confidentiality agreement is a legal binding contract with a person or business promis to
treat a different information as a promise not to disclosure the secret of others withou their
permission. This agreement used to strategic meetings including two parties become a privy
to sensitive information which should made not available to the publicly.
Third party
In the every agreement and the medical centres are not including the third party to sharing the
nay information. Every company needs to a create confidentiality agreement to secure their
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information fort he third party. Third party are not including in some information to create a
confidentiality legal agreement.
CONCLUSION
On the basis of above report it has concluded that, HBO medical practices have to
maintain privacy and confidentiality for maintain secretes the company and not to disclose
them in front of third party. Also organization needs to comply with the legal and ethical
compliances. If non-compliance are conducting with in the premises then various types of
consequences have to be faced by the firm as well as its staff members.
REFERENCES
Books and Journals
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Crane, A. and Matten, D., 2016. Business ethics: Managing corporate citizenship and
sustainability in the age of globalization. Oxford University Press.
Gallin, J.I. and Ognibene, F.P. eds., 2012. Principles and practice of clinical research.
Academic Press.
MacLean, T.L. and Behnam, M., 2010. The dangers of decoupling: The relationship between
compliance programs, legitimacy perceptions, and institutionalized
misconduct. Academy of Management Journal. 53(6). pp.1499-1520.
Menzel, D.C., 2012. Ethics management for public administrators: Leading and building
organizations of integrity. ME Sharpe.
Shewan, L.G. and Coats, A.J., 2010. Ethics in the authorship and publishing of scientific
articles.
Short, J.L. and Toffel, M.W., 2010. Making self-regulation more than merely symbolic: The
critical role of the legal environment. Administrative Science Quarterly. 55(3).
pp.361-396.
Shum, P.K. and Yam, S.L., 2011. Ethics and law: Guiding the invisible hand to correct
corporate social responsibility externalities. Journal of business ethics. 98(4).
pp.549-571.
Verhezen, P., 2010. Giving voice in a culture of silence. From a culture of compliance to a
culture of integrity. Journal of Business Ethics. 96(2). pp.187-206.
Online
Manage legal and ethical compliance CHCLEG003, 2014. Important Organizational
Behavior Concepts for a New Manager. [Online]. Available
through:<http://www.healthcourses.com.au/product_info.php/products_id/345>.
[Accessed on 26th April 2017].
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