Preemption and Its Relation in Terms of HIPAA
Preemption refers to the judicial response in terms of confliction between the federal and the state legislations. Preemption in terms of laws can be understood as a way to strike down one law by another law during the conflictions (Herold and Beaver 75). In general terms, it can be stated that state laws and federal laws cannot be made applicable at the same time and same place as it causes conflictions. In particular scenario of the healthcare sector, HIPAA, which is a privacy rule regulation works for the privacy of the personal information of the patients from illegal disclosure or breach (Hoffmann and Jeffrey 57).
The rules and regulations mentioned under HIPAA reflects that there are several kinds of tasks that are performed by HIPAA such as protecting the breach of data from illegal access or from the reach of burglars or cyber-attacks, unauthentic access and permissibility to the data by the healthcare staff, making rules and code of conducts to handle the data properly and use it only for the purpose of medical examinations and other assistance tasks for the development of healthcare sector (Herold and Beaver 79).
In case of the healthcare sector, if the rule reflects that HIPAA preempts the state law, then it means HIPAA has the proper validation to be implemented for decision making in the healthcare sector. In this case, HIPAA is preferred over the state law for optimizing the work processes in the healthcare sector. The state law and privacy rule are considered contrary to each other when CE and subcontractors do not comply with federal and the state laws. In this case, compliance with the state requirement can prevent compliance with the HIPAA necessities (Morozov and Evgeny 88). In such conditions of the healthcare sector, the HIPAA rule is considered important and applicable for the betterment of the healthcare sector.
Instances When a Provision of State Law can be Contrary to HIPAA
The rules and regulations made under the state laws and HIPAA are different from each other and applicable in different conditions. The laws made under both the sections differ in the applicability and the utility. There are several instances when state law and HIPAA can be contrary to each other that include an arrangement of state law that remains as an “obstruction” to the execution and achievement of the full reasons for the HIPAA enactment (Hoffmann and Jeffrey 78). This approach is a long way from the normal one, however, overviews circumstances in which government law and state law don’t specifically struggle.
It is also observed in the case where state law protection requirements are not considered in opposition to the Privacy Rule. In this case, a CE, BA, and subcontractor should submit to the two laws. It is also observed when the point arises related to the requirement for which there is no specific or equivalent prerequisite from the government at a point when the state law applies. The contrary arguments between these two laws can also be related to the strictness and applicability in the healthcare sector (Cook and Santos 52). When the breach of data and the illegal disclosure of the information cannot be prevented by state law, then privacy rule made under HIPAA comes into existence. These are some of the issues that are considered when choosing right law for preventing the illegal activities with the personal data or information.
There are several situations when state laws are not pre-empted by HIPAA such as public health and vital statistics, health plan regulation and monitoring and stringent health privacy protections. These are some of the important aspects when both laws do not contrary to each other. In these aspects, public health and vital statistics is considered essential as it allows providers to take account for injuries or diseases, births, or deaths, child abuse cases or those that approve public health surveillance and investigation.
In case of health plan regulation, the state law is required by the health plan to gain access to the information in order to get implemented properly (Marshall and Sarah 105). It is required for regulatory management audits, program monitoring, and evaluation, financial audits, facility licensure, and certification. These kinds of activities are performed on the basis of the state laws without conflicting or pre-empting with HIPAA.
Bring Your Device (BYOD) Trend in Healthcare Sector
The advancements in the technology have altered the whole healthcare sector. It has increased accessibility for the patients and comfort for the employees in terms of accomplishing their work. BYOD trend has established its roots in the healthcare sector. BYOD refers to the permission granted to the employees to bring their devices at the workplace in order to do their tasks (Marshall and Sarah 108).
The accessibility to the personal devices for accomplishing official tasks is in trend nowadays due to which employees working in the healthcare sector use their personal devices such as phones, laptops and other wireless devices for completing their tasks. The application of BYOD approach is considered significant in most of the healthcare organizations nowadays. In terms of HIPAA rule, the BYOD approach can be beneficial as well as problematic when it comes to privacy and security of the personal information of the patients (Marshall and Sarah 110). The BYOD approach allows the employees and clinicians to use the data for accomplishing healthcare tasks but risks related to the breach of the data are also linked with this concept.
Numerous healthcare organizations have acknowledged the BYOD approach in terms of offering accommodation and potential cost investment funds facilities related with enabling employees to use their own gadgets to work (Cook and Santos 99). However, these advantages cannot be achieved if the administration does not think about the issues related with the development of patient data outside of the veil of the Health Insurance Portability and Accountability Act (HIPAA).
One of the main challenges is that mobile technology and all its applications are used permanently, and it has become a norm in real-time communication in our society. It is reflected that when it is applied in the healthcare sector, a person’s security and privacy should be considered equally important as cost and convenience. In addition to this, another challenge related to the BYOD approach is the loss of the personal devices that may be prone to the breach of the data if they are not completely encrypted or secured (Cook and Santos 115). There are several ways through which BYOD approach can be applied securely in compliance with the HIPAA rule such as providing HIPAA-compliant document transmission, storage and capture, prevention of local storage of data of the patients on mobile devices and allowing 24/7 secure access to medical documentation.
In this manner, the BYOD approach can be beneficial as well as problematic if not applied properly in adherence to the norms and regulations of HIPAA.
Cook, John, and Patricia Santos. “Three phases of mobile learning state of the art and case of mobile help-seeking tool for the health care sector.” Mobile learning design. Springer, Singapore, 2016. 315-333. Print.
Herold, Rebecca, and Kevin Beaver. The practical guide to HIPAA privacy and security compliance. CRC Press, 2004. Print.
Hoffmann, Jeffrey. “Preemption and the MLR provision of the affordable care act.” American journal of law & medicine vol. 40, Issue. 2-3 (2014): 280-297. Web. 27 February 2018.
Marshall, Sarah. “IT consumerization: A case study of BYOD in a healthcare setting.” Technology Innovation Management Review vol. 4, Issue. 3 (2014): 38-56. Web. 27 February 2018.
Morozov, Evgeny. “The real privacy problem.” Technology Review. Vol. 116, Issue.6 (2013): 32-43. Web. 27 February 2018.