Health Insurance Portability and Accountability Act 1996, Essay Example

Background of the Study

For many years the question of health insurance and its financing has remained a highly contentious issue with huge political and social implications (Reference). There are varying shades of opinion espoused by political groups, social movements and even organized labor with regards as to what constitutes the most comprehensive approach to dealing with the health insurance debate. By and large the Health Insurance and Portability Act (HIPAA) 1996 emerged as a consequence of the numerous perceived options that will serve the health insurance needs of the American populace (Department of Health and Human Services 2003). The HIPAA 1996 ushered in a new dispensation of unprecedented reforms on the health insurance market.

The advent of the Health Insurance Portability and Accountability Act 1996 has ushered in a new dispensation of privacy standards that will be applied throughout the United States (Gostin et al 1999). Under the auspices of the Department of Health and Human Services (HHS), it essentially seeks to provide regulatory base that will safeguard the dissemination of pertinent medical information about a patient that is available to a health institutions and health plan to a third party without the legal consent of the patient in question (Gostin & Hodge, 1999 & 2002).

This notwithstanding, numerous questions remain unanswered; grey spots continue to emerge in areas that were hitherto considered to be working efficiently. Then the least said about the proposed Obama administration’s massive overhaul the better. It is easy to discern that deep underneath the health care debate are shadows of conflicting interests competing to garner and consolidate political as well as economic returns from the industry (Giesel, 2009).

Motivation of the Study

Basically, the most immediate goal of any scholarly research work is to add up to existing available knowledge in academia. Beyond the academic corridors, there are instances that results obtained from a scholarly work are translated into practical public policy issues (Wyatt & Guly 2002). On this account, this study will serve as a useful engagement to the ongoing discourse on the Obama administration sponsored proposal to overhaul the complex decaying American health care system (Amoroso & Middaugh (2003; Giesel, 2009). An academic project such as this current one has the potential to receive attention because of the fact that it touches on the most contentious issue of the day; most importantly the contents of the study presents stunning revelations about the internal dynamics of the forces that have influenced health care administration in the United States for decades.

Research Question

According to Wyatt & Guly (2002), any process that will lead to the formulation of a research question should emerge from a critical scrutiny of all the contending issues on the research matter under review. Doing so rids the work of any form of redundancy, consequently increasing the credibility of the final research work. Of course, the entire American health insurance industry is riddled with too many questions than there are available answers to. Unfortunately, a skim through the “frequently asked questions” sections of most of the institutional sources visited reveals a clear weakness in their relationship with standard conventional academic research. In fairness the sources stated here, however, it should be acknowledged that notwithstanding these facts, the pattern of the questions and answers giving provides a clue about the direction of the public policy interest on the health insurance debate and its attendant attempt to witness an Obama sponsored reform.

Taking cognizance of the possibilities stated above, this study is hinged on the questions below:

• What are the immediate and remote implications of the Health Insurance Portability and Accountability Act 1996 on public health practice and administration in the United States?
• What are the challenges of implementation of the Health Insurance Portability and Accountability Act since its enforcement in 2003?
• How will the implementation of the of the Health Insurance Portability and Accountability Act 1996 affect the practice of academic and policy research activities?

It is expected that the above questions will pave the way for a very objective look into the most contentious public policy issue today. In addition, it provides a platform to extract the vital details from the supporting and against propaganda that have threatened to derail such an important national issue.

References

Amoroso P. J. & Middaugh J. P. (2003). Research vs. public health practice: when does a study require IRB review? Prev Med 2003;36:250.

Department of Health and Human Services. Protecting personal health information in research — understanding the HIPAA Privacy Rule. Department of Health and Human Services. Washington, D.C.: 2003.

Gostin L.O. & Hodge J.G. Jr. (2002). Personal privacy and common goods: a framework. Minnesota Law Review. 86:1439–80.

Gostin, LO, Hodge JG Jr. Privacy Law Advisory Committee. Model state public health information privacy act, 1999. Retrieved on August 22, 2009 from http://www.publichealthlaw.net/Resources/ResourcesPDFs/modelprivact.pdf.

Snider D. E, & Stroup D.F. (1997). Defining research when it comes to Public Health. Public Health Rep. 112:29–32.

National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. Belmont report: ethical principles and guidelines for the protection of human subjects of research. Department of Health, Education and Welfare. Available at http://www.med.umich.edu/irbmed/ethics/belmont/BELMONTR.HTM.

Wyatt J. & Guly H. (2002). Identifying the research question and planning the project. Emergency Medicine Journal ;19:318-321

Jerry Geisel (2009). Obama presses ahead with health reform agenda Retrieved from http://www.newser.com/archive-politics-news/1G1-194978111/obama-presses-ahead-with-health-reform-agendanews.html