Ethically, all I-O Psychologists should acknowledge and act in accordance with the American Psychological Association's (APA's) code of conduct and professional behavior, which will help govern professional practice across milieus, including managed care, without regards to if that practitioner is licensed or not. The Ethics Code is intended to provide specific standards to cover most situations encountered by psychologists. “It has as its goals the welfare and protection of the individuals and groups with whom psychologists work and the education of members, students, and the public regarding ethical standards of the discipline” (APA Ethics Code, 2002). When resolving ethical standards and issues, it is advisable for an I-O Psychologist to self- govern oneself in accordance with the “dynamic set of ethical standards for psychologist' work- related conduct” (APA Ethics Code, 2002) such as those delineated by ethical principles:
1. 02 Conflicts between ethics and law, regulations, or other governing legal authority (states) if psychologists' ethical responsibilities conflict with law, regulations, or other governing legal authority, psychologists make known their commitment to the Ethics Code and take steps to resolve the conflict. If the conflict is unresolvable via such means, psychologists may adhere to the requirements of the law, regulations, or other governing legal authority (APA Ethics Code, 2002).
And,
1.03 Conflicts between ethics and Organizational Demands: If the demands of an organization with which psychologists clarify the nature of the conflict with this Ethics Code, psychologists clarify the nature of the conflict, make know their commitment to the Ethics Code, and to no extent feasible, resolve the conflict in a way that permits adherence to the Ethics Code (Macey, 2004).
Balancing legal and ethical mores and responsibilities can be protracted and demanding as change is ubiquitous. Constant changes make compliance a dynamic process, but to uphold the state and federal laws and codes of conduct, an I-O Psychologist should be aware as they may serve in varying capacities, such as on the periphery as a business associate or possibly as a covered entity.
Discussion
Health care providers face the predicament of organizational change in a multitude of ways to comply with MCOs, the needs of their clients, and state and federal regulations with the intent of fiscal compensation and to enable provision of services. If a practitioner does not wish to be involved with or affected directly by HIPAA laws and regulations, there are settings in which they can remain immune, such as educational settings. One component an I-O Psychologist should be cognizant of regardless of the depth of their practice in a clinical capacity is how HIPAA affects workers. Enabled during the Clinton- era to mobilize health insurance coverage, I-O practitioners in human resources or any positions advocating for employee rights, may also need to know about HIPAA. Although Industrial- Organizational Psychologists appear to be exempted as covered entities, HIPAA seems to touch upon so many levels of industry and commerce, that it may be prudent to have some level of familiarity with HIPAA.
Furthermore, respecting clients' privileged information remains imperative in I-O settings as well as clinical settings in this learner's opinion as HIPAA transcends the conventional notions of healthcare systems. It is dynamic and evolving and may touch people's lives in unanticipated ways. Organizations may need assistance in acclimating to these changes, employees may need assistance navigating the insurance landscape with respect to patient rights, and businesses may need intermediaries that can communicate with business associates and practitioners. I-O practitioners can proficiently fill this void which may better the practice as well as health and human service arenas adopting the imposed changes. New vocational opportunities may permeate HIPAA, creating more venues for the diverse and broad expertise of I-O psychologists. HIPAA awareness may only create a win- win situation for professionals wishing to remain afloat in a managed care setting moving closer and closer towards privatization and capitation models.
References
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American Psychological Association Practice Organization & APA Insurance Trust. (n.d.). HIPAA for psychologists .
Centers for Medicare and Medicaid Services (CMS). (2004). The Health Insurance Portability and Accountability Act (1996) . Retrieved Tuesday October 5, 2004 from, http://www.cms.hhs.gov/hipaa/
CMS. (2003). Provider HIPAA readiness checklist – Getting started: Moving toward Compliance with the Electronic Transactions and Code Sets Requirements.
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Fox, S. (2004). HIPAAdvisory. HIPAA/ Law legal question and answer And Then There Were Four –HIPAA Covered Entities, That Is. Phoenix Health Systems . Retrieved Wednesday October 13, 2004 from, http://www.hipaadvisory.com/action/legalqa/hipaalaw.htm
Macey, B. (2004). The I-O Ethicist . The Industrial- Organizational Psychologist, 41 (4), pp. 91-95.
Schmit, M.J. (2003). Health Insurance Portability and Accountability Act (HIPAA) privacy rules and implications for the practice of I-O psychology. The Industrial- Organizational Psychologist, 41(1), p.57.
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