Ethical Case Study:
Medical Record Audit
You are the Release of Information Supervisor in the HIM Department. In this role, you are responsible for assuring appropriate disclosures of health information. This includes responding to medical record audit requests for Government oversight agencies. You’ve received a medical record request from CMS, requesting the entire medical record for several Medicare patients. The purpose of this request is to validate the medical necessity for the care and services provided during the patient stay.
Following procedure, after obtaining the requested medical records, you send the records over to the utilization review team, who is primarily responsible for coordinating patient treatment and services to maximize patient care. This team also reviews all medical records before being sent to an auditor for medical necessity review. This process helps assure that all required components are included in the medical record to support the medical necessity of the encounter.
Upon the utilization team’s review, they find documentation in several progress notes inferring that the patient’s actual condition didn’t require the intensity of services that were provided. In other words, this documentation could invalidate the medical necessity of each visit and may result in rejection of payment for each encounter. If discovered by the auditor, the hospital will lose a lot of money. The utilization review manager has asked you to omit these progress notes from your submission to CMS so that the information is not discovered by the agency. She has assured you that “no one has to know about this and it will save the hospital a lot of trouble later on”.
What will you choose to do in this situation?

Answer the following questions for the scenario selected:
Scenario 1:
1. Identify whether there is an ethical concern, and if so, what the ethical concern is.
2. Determine how the scenario should be handled. For instance, if you were the leader in the selected situation, how would you manage the issue?
3. Recommend course(s) of action to be taken.
Scenario 2:
1. Identify whether there is an ethical concern, and if so, what the ethical concern is.
2. Determine how the scenario should be handled. For instance, if you were the leader in the selected situation, how would you manage the issue?
3. Recommend course(s) of action to be taken.
Scenario 3:
1. Identify whether there is an ethical concern, and if so, what the ethical concern is.
2. Determine how the scenario should be handled. For instance, if you were the leader in the selected situation, how would you manage the issue?
3. Recommend course(s) of action to be taken.
Conclusion
1. Compare/contrast the three cases selected. In what ways are the ethical concerns similar? Different?
2. Interpret/discuss the ethical theory or theories that would best apply to the recommended courses of action for each scenario.
3. Develop steps for a leader to follow to assist with the ethical-decision making process.

Sample Answer

Sample Answer

 

Ethical Case Study: Medical Record Audit

Scenario 1

1. Ethical Concern

The ethical concern in this scenario is centered on the integrity of medical documentation and compliance with legal and ethical standards in healthcare. The request to omit progress notes that may invalidate the medical necessity of services provided raises significant issues related to honesty, transparency, and accountability. This action could lead to fraudulent reporting, jeopardizing not only the hospital’s financial standing but also the trust and safety of patients.

2. Handling the Scenario

In my role as the Release of Information Supervisor, I would first carefully consider the implications of omitting these progress notes. As a leader, it is vital to uphold ethical standards and ensure that patient care is prioritized over financial concerns. I would initiate a discussion with the utilization review manager to explain the potential consequences of their request, including legal ramifications, loss of accreditation, and damage to the organization’s reputation.

3. Recommended Courses of Action

– Refusal to Omit Notes: Clearly communicate that omitting essential documentation is unethical and could lead to serious repercussions.
– Document Everything: Ensure that all communications regarding this issue are documented for accountability.
– Escalate the Issue: If the utilization review manager insists on proceeding with their request, escalate the matter to higher management or the hospital’s ethics committee.
– Encourage Transparency: Advocate for a full and honest submission of all medical records to CMS, emphasizing that correcting any discrepancies will ultimately benefit patient care and organizational integrity.

Scenario 2

1. Ethical Concern

The ethical concern here revolves around compliance with healthcare regulations and the principle of truthfulness in medical documentation. By omitting progress notes that could negatively impact payment for services rendered, the hospital risks engaging in deceptive practices, which could constitute fraud.

2. Handling the Scenario

As a leader in this situation, I would prioritize ethical standards over financial gain. It is essential to emphasize the importance of adhering to legal requirements while also considering patient care implications. I would engage in a dialogue with relevant stakeholders to assess the situation comprehensively.

3. Recommended Courses of Action

– Conduct an Internal Review: Initiate an internal audit to review all patient cases with similar documentation issues.
– Develop a Plan for Improvement: Work with the utilization review team to create an action plan for correcting documentation practices moving forward.
– Educate Staff: Organize training sessions on proper documentation practices and the implications of omitting critical information.
– Report Issues: If necessary, report findings to CMS proactively, demonstrating the hospital’s commitment to transparency and accountability.

Scenario 3

1. Ethical Concern

The ethical concern here is about the potential impact of falsifying medical records on patient care and organizational integrity. The request to exclude certain notes compromises ethical principles such as beneficence (acting in the best interest of patients) and non-maleficence (avoiding harm).

2. Handling the Scenario

As a leader, it is crucial to address this concern immediately. I would ensure that all team members understand the importance of maintaining accurate records for both legal compliance and quality patient care.

3. Recommended Courses of Action

– Set Clear Policies: Establish clear policies regarding documentation that emphasize ethical practices and compliance with laws.
– Foster a Culture of Integrity: Encourage a workplace culture that values ethical behavior and transparency over financial outcomes.
– Support Whistleblowing: Create a safe environment where employees can report unethical practices without fear of retaliation.
– Reinforce Accountability: Hold all staff accountable for their actions regarding documentation and ensure that they understand the gravity of falsifying medical records.

Conclusion

1. Comparison of Ethical Concerns

The ethical concerns across all three scenarios center around integrity in medical documentation, adherence to legal regulations, and prioritizing patient care over financial gain. While each scenario addresses the same fundamental issues—truthfulness and accountability—the emphasis may vary; Scenario 1 focuses on immediate refusal of unethical requests, Scenario 2 highlights compliance through proactive measures, and Scenario 3 stresses fostering an ethic-driven workplace culture.

2. Ethical Theory Interpretation

The ethical theories applicable to these scenarios include:

– Deontological Ethics: This theory emphasizes duties and adherence to rules; in this case, maintaining accurate documentation is paramount.
– Consequentialism: This perspective evaluates actions based on their outcomes; omitting notes could lead to negative consequences for patients and the institution.
– Virtue Ethics: Encouraging virtues such as honesty, integrity, and accountability within the healthcare setting aligns with ethical decision-making.

3. Steps for Ethical Decision Making

1. Identify Ethical Dilemma: Recognize the ethical issue at hand.
2. Gather Information: Collect relevant facts, including organizational policies and applicable laws.
3. Consider Stakeholders: Evaluate how decisions will affect patients, staff, and the organization as a whole.
4. Explore Alternatives: Identify potential courses of action and their implications.
5. Consult Ethical Guidelines: Refer to professional codes of ethics and organizational policies.
6. Make an Informed Decision: Choose an action aligned with ethical principles.
7. Implement Decision: Execute the chosen course of action while ensuring communication with all involved parties.
8. Reflect on Outcomes: Assess the outcome of decisions made for future learning and improvement.

By adhering to these steps, leaders can navigate complex ethical dilemmas while fostering a culture rooted in integrity and accountability within their organizations.

 

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