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HIPAA, APA, and Ethics
All practicing psychologists are responsible for the healing processes of their clients and their data security. The guidelines on the ethics of practice for psychologies are derived from many sources, including the Health Insurance Portability and Accountability Act (HIPAA) and American Psychology Association (APA) (Jacob et al., 2016). In addition, personal moral values such as respect, integrity, and empathy can also guide ethical practice. There are various similarities and differences between the HIPAA privacy rule, the codes of ethics of APA, and personal ethics, as illustrated in the subsequent paragraphs.
Illustrations on the Similarities and Differences
Similarities
The HIPAA privacy rule, APA ethical principles, and personal ethics apply to all mental health experts and are established to promote work ethics. The patient’s privilege is an example of a standard code considered in both statutes, which mandates health experts to engage the client before disclosing any information to a third party (Jacob et al., 2016). This requirement promotes work ethics by enhancing autonomy in medical practice. Similarly, personal ethics promote good conscience, enabling the expert to uphold moral standards on their operations.
Another similarity is that violation of both statutes attracts a penalty. Violation of HIPAA and APA attracts censure, fines, and jail term depending on the severity of the breach. For instance, individuals violating the HIPAA rule may be subjected to a fine of $50,000 to $ 250,000 depending on the crime (Jacob et al., 2016). Similarly, an expert who violates the APA rule may be required to compensate the victim a sum of money per the court’s order. Penalty for violation of personal ethics depends on the conscience and the individual because the offender imposes the sanction (Jacob et al., 2016). Lastly, both rules protect sharing of written, spoken, or electronic data through specific requirements such as Protected health information (PHI) under the HIPAA rule and autonomy in APA consideration. Personal moral ethics promotes a client’s privacy by supporting responsible actions such as trustworthiness.
Differences
HIPAA is a federal law enacted to specifically ensure that access to patients’ information is restricted only to authorized individuals. On the other hand, APA is a code of ethics that establishes better practice guidelines as prescribed by the American Nursing Association (ANA). These standards ensure that an expert maintains work ethics when providing care for the client. Another difference is that HIPAA has two major components that include the PHI and minimum necessary rule and PHI integrity. Under the PHI and minimum necessary rule, HIPAA sets standards for disclosing information in the client’s presence or absence without leaking confidential information (Jacob et al., 2016). Under the PHI integrity, HIPAA provides a requirement to protect patients’ data from internal and external threats. On the other hand, APA has five considerations: justice, respect for human rights, beneficence and nonmaleficence, fidelity, and responsibility. Personal ethical practice can vary depending on the expert because some have various self-made principles guiding ethical practices while others have none.
HIPAA is a federal law enacted in 1996, and compliance is by enhancing the security of PHI (Jacob et al., 2016). AMA promulgated APA codes of ethics in 1926, and compliance is by maintaining the client’s welfare (Jacob et al., 2016). On the other hand, personal ethics are crafted by an individual or society, and compliance is by conformity. The HIPAA act is a federal law supporting autonomy. On the other hand, the APA codes were created by AMA to enhance better practices for psychologists and better experience for clines. Moral standards are norms created by individuals and established by society.
Reference
Jacob, S., Decker, D. M., & Lugg, E. T. (2016). Ethics and law for school psychologists. John Wiley & Sons.
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