Reference no: EM133879325

Question

1. Do state laws provide a timeframe for reporting abuse and neglect of children? What information do you think is typically reported regarding such concerns?

2. What exceptions does "required reporting" fall under the HIPAA Privacy regulation?

3. Should a facility that reports PHI about a patient through required reporting process state in their notice of privacy practices that patient PHI may be released without patient authorization due to state and/or federal required reporting laws?

4. What is the purpose of a prescription drug monitoring program (PDMPs) and what protections might exist for protecting the confidentiality of the information collected through such a program?

5. Is patient authorization needed when a facility reports information required by state or federal law? Is the information received by the state a public record in most cases?

6. On Thursday 85-year-old female patient at Westminster Commons Senior Living Facility became agitated and physically abusive to herself and others so was placed in wrist and ankle restraints. An hour later staff found the patient unconscious and called the EMT squad for assistance. The patient was taken to the medical center emergency department (ED) where she awoke and once again became physically abusive. The physician ordered the patient to be restrained to protect the patient and others while the physician examined the patient. Upon examining the patient, the patient, the physician noted that the patient had multiple bruises on her back, arms, buttocks, and thighs. In addition, the patient had a cardiac defibrillator implanted during her last inpatient visit. The hospital had received a medical device alert notice regarding the implant device and was currently notifying patients to contact their physician for follow-up. The physician was aware that the patient needed to be told of the need to replace her cardiac defibrillator implant once the patient was calm and assessment could be made so that the patient understood what would be needed. The patient was sedated, and the restraints removed. However, 15 hours later the patient expired. The hospital reported the death to the medical examiner/coroner office. Consider the following:

a. Why is the hospital required to report this patient's death to the medical examiner/coroner? Do medical examiners/coroners have the right to receive patient information needed to investigate a case?

b. What additional required reporting must be done by Westminster Commons and the hospital regarding the patient's death?

c. Who is responsible for notifying the hospital that a medical device in use may cause harm to patients? If the patient's death was attributed to the cardiac defibrillator implant what is the hospitals responsibility for reporting the death to the FDA? How is the death reported?