Ideal Citizen In A Totalitarian Government

Required Resources

Read/review the following resources for this activity:

Textbook: Chapter 6, 10

Magstadt, T. M. (2017). Understanding politics: Ideas, institutions, and issues. Australia: Cengage Learning.

Lesson

Instructions

Aristotle defined tyranny as an illegitimate form of government by one individual that tightly controlled every part of life and government. Adolf Hitler is the most notorious tyrant. Using a totalitarian society from the past or present, discuss how the state and its leader attempt to impede citizens from exercising their rights. In your discussion, explain some components of an “ideal citizen,” consequences of voter apathy, and ways the state controls the citizen.

Writing Requirements (APA format)

Length: 1.5-2 pages (not including title page or references page)

1-inch margins

Double spaced

12-point Times New Roman font

Title page

References page (minimum of 2 scholarly sources)

Grading

This activity will be graded based on the essay rubric.

Course Outcomes (CO): 1

Due Date: By 11:59 p.m. MT on Sunday

Rubric

Week 5 Assignment: Essay – Ideal Citizen in a Totalitarian Government

Week 5 Assignment: Essay – Ideal Citizen in a Totalitarian Government

Criteria  RatingsPts

This criterion is linked to a Learning Outcome Actual case study of a country.

20.0 pts

Uses a historical or contemporary example of a totalitarian country

16.0 pts

There is a totalitarian country, but it is not real.

12.0 pts

There is a country, but it is not totalitarian.

0.0 pts

There is no country mentioned.

20.0 pts

This criterion is linked to a Learning Outcome Control by a totalitarian leader

20.0 pts

Describes the three ways, violence, propaganda, and scapegoating, that leaders use to keep control in the country.

16.0 pts

Only two of the tactics of totalitarian leaders are described.

12.0 pts

Only one of the tactics of totalitarian leaders are described.

0.0 pts

How a totalitarian leaders keeps control is not addressed.

20.0 pts

This criterion is linked to a Learning Outcome Citizens in the country.

20.0 pts

States and describes two ways of stopping a totalitarian regime by using political socialization, civil disobedience, resist propaganda. Discusses voter apathy.

16.0 pts

States and describes one way of stopping a totalitarian regime by using political socialization, civil disobedience, resist propaganda. Discusses voter apathy.

12.0 pts

States and describes one way of stopping a totalitarian regime by using political socialization, civil disobedience, resist propaganda. Does not discuss voter apathy.

0.0 pts

Does not address the concepts.

20.0 pts

This criterion is linked to a Learning Outcome Scholarly resources

10.0 pts

Uses both the book and, at least, one outside scholarly source.

8.0 pts

Uses only the book or a scholarly source.

6.0 pts

Uses only a scholarly source and the source is not scholarly.

0.0 pts

Does not use the book or scholarly source.

10.0 pts

This criterion is linked to a Learning Outcome APA

5.0 pts

All sources are properly cited and referenced according to APA standards.

4.0 pts

Sources are either properly cited or referenced, missing one of those elements.

3.0 pts

The citation and/or reference are incorrect.

0.0 pts

No APA format was used.

5.0 pts

This criterion is linked to a Learning Outcome Writing

5.0 pts

Presents information using clear and concise language in an organized manner (minimal errors in English grammar, spelling, syntax, and punctuation).

4.0 pts

Presents information using understandable language but is somewhat disorganized (some errors in English grammar, spelling, syntax, and punctuation).

3.0 pts

Presents information using understandable language but is very disorganized (many errors in English grammar, spelling, syntax, and punctuation).

0.0 pts

Presents information that is not clear, logical, professional or organized to the point that the reader has difficulty understanding the message (numerous errors in English grammar, spelling, syntax, and/or punctuation).

5.0 pts

Total Points: 80.0

Chapter 6. The Totalitarian Model: A False Utopia

Learning Objectives

· 1Define totalitarianism.

· 2Describe the role of ideology in totalitarian states.

· 3Identify the three most infamous totalitarian rulers and how they earned that reputation.

· 4Describe the three developmental stages in the life of a totalitarian state.

· 5Determine the value of studying totalitarianism even though the world’s worst examples of totalitarian rule have passed into the pages of history.

A new and more malignant form of tyranny called totalitarianism reared its ugly head in the twentieth century. The term itself denotes complete domination of a society and its members by tyrannical rulers and imposed beliefs. The totalitarian obsession with control extends beyond the public realm into the private lives of citizens.

Imagine living in a world in which politics is forbidden and everything is political—including work, education, religion, sports, social organizations, and even the family. Neighbors spy on neighbors and children are encouraged to report “disloyal” parents. “Enemies of the people” are exterminated.

Who are these “enemies“? Defined in terms of whole categories or groups within society, they typically encompass hundreds of thousands and even millions of people who are “objectively” counterrevolutionary—for example, Jews and Gypsies (Romany) in Nazi Germany, the bourgeoisie (middle class) and kulaks (rich farmers) in Soviet Russia, and so on. By contrast, authoritarian governments typically seek to maintain political power (rather than to transform society) and more narrowly define political enemies as individuals (not groups) actively engaged in opposing the existing state.

Why study totalitarianism now that the Soviet Union no longer exists? First, communism is not the only possible form of totalitarian state. The examples of Nazi Germany and Fascist Italy are reminders that totalitarianism is not a product of one ideology, regime, or ruler. Second, totalitarianism is an integral part of contemporary history. Many who suffered directly at the hands of totalitarian dictators or lost loved ones in Hitler’s Holocaust, Stalin’s Reign of Terror, Mao’s horrific purges, or other more recent instances of totalitarian brutality are still living. The physical and emotional scars of the victims remain even after the tyrants are long gone. Third, totalitarian states demonstrate the risks of idealism gone awry. Based on a millenarian vision of social progress and perfection that cannot be pursued without resort to barbaric measures (and cannot be achieved even then), they all have failed miserably as experiments in utopian nation-building. Finally, as we will see, totalitarianism remains a possibility wherever there is great poverty, injustice, and therefore the potential for violence and turmoil—recent examples include Iran, North Korea, and Burma (Myanmar).

One of the lessons of 9/11 is that extremism remains a fact of political life in the contemporary world. It can take many malignant forms. Terrorism is one; totalitarianism is another. This chapter demonstrates clearly that totalitarianism and terror go hand in hand.

The Essence of Totalitarianism

Violence is at the core of every totalitarian state—at its worst, it assumes the form of indiscriminate mass terror and genocide aimed at whole groups, categories, or classes of people who are labeled enemies, counterrevolutionaries, spies, or saboteurs. Mass mobilization is carried out through a highly regimented and centralized one-party system in the name of an official ideology that functions as a kind of state religion. The state employs a propaganda and censorship apparatus far more sophisticated and effective than that typically found in authoritarian states. As the late sociologist William Kornhauser wrote in a highly acclaimed study, “Totalitarianism is limited only by the need to keep large numbers of people in a state of constant activity controlled by the elite.” *

Totalitarian

Comparative Political Science

Comparative Politics Problem Set III

Complete the following questions.

1. (36 points) In �Commitment Problems in Emerging Democracies: The Case of Religious Parties,� Stathis Kalyvas (2000) examines whether reli- gious parties are compatible with secular and liberal democratic institu- tions. He concludes that religious parties may be compatible with democ- racy as long as they can credibly commit not to impose a theocratic dicta- torship when they come to power. He goes on to argue that some religions are better able to provide these credible commitments than others. We now provide a Religious Party Game that throws light on the credible commitment problem facing religious parties that Kalyvas describes.

The two players in our game are a dictatorial regime (Regime) that has recently introduced a process of democratization and a religious party (Religious Party) that seeks to gain power through the newly proposed democratic elections. The Religious Party is expected to win the elec- tions, and many fear that it will turn the country into a theocracy rather than continuing the process of democratic consolidation. The Regime has to decide whether to hold the elections as scheduled or to cancel them and retain power as a dictatorship. If elections are held and the Religious Party wins (which we are assuming will happen), then the Religious Party has to decide whether to pursue a moderate political agenda and support demo- cratic consolidation or to subvert the democratization process and create a religious regime. The Religious Party comes in two types-moderate and radical. One way to think about these types is that religious parties have both moderate and radical factions, and that whichever faction is dominant determines the Religious Party’s type. Moderate religious par- ties prefer democratic consolidation to establishing a theocracy, whereas radical religious parties prefer the opposite. There are three possible out- comes in this game: Continued dictatorship, Religious dictatorship, and Democratic consolidation. The �gure below illustrates an incomplete in- formation version of this game with cardinal payo�s in which the Regime does not know whether it is interacting with a moderate Religious Party or a radical Religious Party.

(a) Based on the cardinal payo�s shown in the �gure above, write down

Winter 2019

 

 

Comparative Politics Problem Set III

the preference ordering for (a) the Regime, (b) the moderate Reli- gious Party, and (c) the radical Religious Party over the three possible outcomes.

(b) Solve the subgame on the left, where the Religious Party is moder- ate, as if there were no uncertainty. What is the subgame perfect equilibrium? What is the expected outcome? What are the payo�s that each player receives?

(c) Solve the subgame on the right, where the Religious Party is radical, as if there were no uncertainty. What is the subgame perfect equi- librium? What is the expected outcome? What are the payo�s that each player receives?

(d) What is the expected payo� for the Regime from �Cancel elections�?

(e) What is the expected payo� for the Regime from �Hold elections�?

(f) Use the expected payo�s from the two previous questions to calcu- late the critical probability at which the Regime will choose to hold elections rather than cancel them.

(g) If the Regime believes that the Religious Party is moderate with a probability of 0.75, will it choose to hold elections, will it cancel elections, or will it be indi�erent between these two actions? Explain.

(h) If the Regime believes that the Religious Party is moderate with a probability of 0.8, will it choose to hold elections, will it cancel elections, or will it be indi�erent between these two actions? Explain.

(i) If the Regime believes that the Religious Party is moderate with a probability of 0.5, will it choose to hold elections, will it cancel elections, or will it be indi�erent between these two actions? Explain.

(j) If you represented a moderate religious party poised to win the elec- tions, would you want the Regime to believe that your party was moderate or radical?

(k) If you represented a radical religious party poised to win the elections, would you want the Regime to believe that your party was moderate or radical?

(l) If you solved the game correctly, you will �nd that the Regime will hold elections as long as it believes that the Religious Party is mod- erate with a high enough probability. If there is some uncertainty on the part of the Regime and you are representing a moderate re- ligious party that wants the elections to go ahead, why might it not be enough for you to simply announce to the Regime that your party is a moderate religious party and not a radical one?

2. (5 points) On September 17, 2011, protesters occupied Zuccotti Park in the �nancial district of New York as part of a movement that became known as �Occupy Wall Street� (OWS). Many of the protesters had been inspired by the popular uprisings that had occurred in Egypt and Tunisia in early 2011. The OWS protesters were opposed to what they perceived

Winter 2019

 

 

Comparative Politics Problem Set III

to be the undue in�uence of banks and multinational corporations on the political system. They believed that the wealthiest 1 percent of society had a disproportionate share of capital and political in�uence, and they used the slogan �We are the 99%� to highlight the problem of social and economic inequality. The OWS led to the creation of the international Occupy Movement, which has organized protests in dozens of countries around the world. The occupation of Zuccotti Park ended on November 15, 2011, when the protesters were forcibly removed by the police. Imagine that you are discussing issues of inequality and the power of the �nancial sector with some of the �Occupy Wall Street� protesters in the fall of 2011. How would you explain the implications of the structural dependence of the state on capital to someone who doesn’t understand why left-wing parties do not always �expropriate� the rich when they come to power?

3. (24 points) Rather than classify regimes as either democratic or dictato- rial, selectorate theory characterizes all regimes in regard to their location in a two-dimensional institutional space. One dimension is the size of the selectorate (S), and the second dimension is the size of the winning coalition (W). These two dimensions are graphically shown in Figure 10.9 along with the types of regimes that fall into each cell. Use Internet and other resources to determine into which cell of the two-dimensional space in the �gure belwo each of the following regimes should be placed. Explain your answers.

(a) Guinea Bissau

(b) Iraq under Saddam Hussein (pre-2003)

(c) The United States in 1776

(d) The United Arab Emirates

(e) Chile under Augusto Pinochet

(f) Argentina

Winter 2019

 

 

Comparative Politics Problem Set III

4. (21 points) Suppose that a political leader raises $1 billion in tax revenue. Assume that the leader can supply public goods worth $2,000 to each individual in society if he spends all of this tax revenue on providing public goods. Assume also that the size of the winning coalition is 250,000. With all of this in mind, answer the following questions.

(a) If the leader were to spend all of the tax revenue on providing private goods, what would the maximum value of the private goods be for each member of the winning coalition if we assume that they all receive the same amount?

(b) Would the leader prefer to provide only public goods or only private goods in this situation? Why?

(c) Now suppose that the size of the winning coalition is 750,000. Keep- ing everything else the same, answer the following questions.

(d) If the leader were to spend all of the tax revenue on providing private goods, what would the maximum value of the private goods be for each member of the winning coalition if we assume that they all receive the same amount?

(e) Would the leader prefer to provide only public goods or only private goods in this new situation? Why?

(f) Based on the answers you have given and the description of selec- torate theory in this chapter, why is providing public goods a more e�cient way for leaders in democracies to stay in power?

(g) Based on the answers you have given and the description of selec- torate theory in this chapter, why is providing private goods a more e�cient way for leaders in dictatorships to stay in power?

5. (16 points) In this chapter, we discussed the rules for classifying democ- racies as parliamentary, presidential, or semi-presidential. Look at the information from the following constitutions and decide whether these democracies are parliamentary, presidential, or semi-presidential. Explain your decision.

(a) 1991 Burkina Faso Constitution

• Article 37: The President of Faso is elected for �ve years by universal, direct, equal and secret su�rage. He is re-eligible one time.

• Article 46: The President of Faso appoints the Prime Minister from among the majority of the National Assembly and terminates his func- tions, either on the presentation by him of his resignation, or on his own authority in the superior interest of the Nation. On the pro- posal of the Prime Minister, he appoints the other members of the Government and terminates their functions.

• Article 62: The Government is responsible before the Parliament in the conditions and following the procedures speci�ed by this Consti- tution.

Winter 2019

 

 

Comparative Politics Problem Set III

• Article 114: The reciprocal relations of the National Assembly and of the Government are expressed equally by: the motion of censure; the question of con�dence; the dissolution of the National Assembly; the procedure of parliamentary discussion.

• Article 115: The National Assembly can present a motion of censure with regard to the Government. The motion of censure is signed by at least one-third of the Deputies of the Assembly. To be adopted, it must be voted by an absolute majority of the members composing the Assembly. In case of rejection of the motion of censure, its signatories may not present another before the time period of one year.

(b) 1937 Irish Constitution

i. Article 12: There shall be a President of Ireland (Uachtarán na hÉire- ann), hereinafter called the President, who shall take precedence over all other persons in the State and who shall exercise and perform the powers and functions conferred on the President by this Constitution and by law. The President shall be elected by direct vote of the people.

ii. Article 13: The President shall, on the nomination of the Dáil Éireann, appoint the Taoiseach, that is, the head of the Government or Prime Minister. The president shall, on the nomination of the Taoiseach with the previous approval of Dáil Éireann, appoint the other members of the Government. The President shall, on the advice of the Taoiseach, accept the resignation or terminate the appointment of any member of the Government. Dáil Éireann shall be summoned and dissolved by the President on the advice of the Taoiseach. The President may in his absolute discretion refuse to dissolve Dáil Éireann on the advice of a Taoiseach who has ceased to retain the support of a majority in Dáil Éireann. . . The President shall not be answerable to either House of the Oireachtas or to any court for the exercise and performance of the powers and functions of his o�ce or for any act done or purporting to be done by him in the exercise and performance of these powers and functions.

iii. Article 15: The National Parliament shall be called and known, and is in this Constitution generally referred to, as the Oireachtas. The Oireachtas shall consist of the President and two Houses, viz.: a House of Representatives to be called Dáil Éireann and a Senate to be called Seanad Éireann.

iv. Article 28: The Government shall consist of not less than seven and not more than �fteen members who shall be appointed by the Pres- ident in accordance with the provisions of this Constitution. . . The Government shall be responsible to the Dáil Éireann. The head of the government, or Prime Minister, shall be called, and is in this Consti- tution referred to as, the Taoiseach.

(c) 1980 Chilean Constitution

• Article 4: Chile is a democratic republic. • Article 24: The government and administration of the State are vested in the President of the Republic, who is the Chief of the State.

• Article 25: The President of the Republic shall hold o�ce for a term of eight years and may not be reelected for the consecutive period.

• Article 26: The President shall be elected by direct ballot, with an absolute majority of the votes validly cast.

• Article 32: The special powers vested in the President of the Republic are the following: . . . To appoint, and remove at will, Ministers of

Winter 2019

 

 

Comparative Politics Problem Set III

State, Undersecretaries, Intendants, Governors and Mayors appointed by him.

• Article 33: The Ministers of State are the direct and immediate col- laborators of the President of the Republic in governing and adminis- tering the State.

(d) 1947 Japanese Constitution

• Article 1: The Emperor shall be the symbol of the State and of the unit of the People, deriving his position from the will of the people with whom resides sovereign power.

• Article 4: The Emperor shall perform only such acts in matters of state as are provided in the Constitution, and he shall not have powers related to government.

• Article 6: The Emperor shall appoint the Prime Minister as desig- nated by the Diet.

• Article 41: The Diet shall be the highest organ of state power, and shall be the sole law-making organ of the State.

• Article 42: The Diet shall consist of two Houses, namely the House of Representatives and the House of Councillors.

• Article 65: Executive power shall be vested in the Cabinet. • Article 66: The Cabinet shall consist of the Prime Minister, who shall be its head, and other Ministers of State, as provided for by law. The Prime Minister and other Ministers of State must be civilians. The Cabinet, in the exercise of executive power, shall be collectively responsible to the Diet.

• Article 69: If the House of Representatives passes a non-con�dence resolution, or rejects a con�dence resolution, the Cabinet shall resign en masse, unless the House of Representatives is dissolved within ten (10) days.

6. (8 points) The table below shows the results from the 2016 legislative elections in South Korea.

(a) Based on the results, from which party would you expect the forma- teur to come if South Korea were a parliamentary democracy?

(b) South Korea is in fact a presidential democracy. In the 2012 presiden- tial elections, Park Geun-hye of the Saenuri Party (SP) was elected president, and following the 2016 legislative elections, she still had nearly two years left in her term. Based on this new information, from which party would you now expect the formateur to come? Why is this?

Winter 2019

 

 

Comparative Politics Problem Set III

7. (8 points) The table below shows the results from the Oslo district in the 2005 Norwegian elections. Answer the following questions. In all of these questions, you should ignore the �others� category.

(a) Copy the table. Imagine that the seventeen seats in Oslo are to be allocated according to the Hare quota with largest remainders. Fill in your table and indicate how Oslo’s seventeen seats are allocated among the parties. How many automatic, remainder, and total seats does each party obtain?

(b) Now make another table and repeat the process using the Droop quota with largest remainders. Does the allocation of seats change?

13: Elections and Electoral Systems 581

b. The Afghan electoral system has been heavily criticized by numerous actors. In a 2012 briefing paper written for an independent research institute based in Afghanistan, political scientists Andrew Reynolds and John Carey wrote that “The SNTV electoral system came about by a path of missteps and was a disservice to the millions of Afghans who deserved a clear and transparent tool to craft their first truly democratic parliament. If the system is retained for subsequent elections, there is every reason to believe that the fragmentation and parochialism of the legislature will continue, that the parliament as a whole will be ineffective in articulating and representing broad national interests, and that incumbents who strong-arm and bribe their way into office will thrive” (2012, 17). Explain the basis for Reynolds and Carey’s criticisms, focusing on the problems typically associated with SNTV electoral systems.

c. If you were designing an electoral system for Afghanistan, what would it be and why?

How Do Electoral Systems Work?

5. In Table 13.14 we again show the results from the Oslo district in the 2005 Norwegian elections. Answer the following questions. In all of these questions, you should ignore the “others” category.

a. Copy Table 13.14. Imagine that the seventeen seats in Oslo are to be allocated according to the Hare quota with largest remainders. Fill in your table and indicate how Oslo’s seventeen seats are allocated among the parties. How many automatic, remainder, and total seats does each party obtain?

Legislative Elections in Oslo, Norway, 2005 (Using Quota Systems)TaBle 13.14

Party

SP KrF Kyst H Ap V SV FrP Others Total

Votes 3,270 11,168 551 61,130 97,246 28,639 41,434 53,280 12,116 308,834

Seats 17

Quota

Votes ÷ Quota

Automatic seats

Remainder

Remainder seats

Total seats

8. (12 points) As we note in the chapter, the actual number of parties com- peting in an election or winning seats is not necessarily a good re�ection of �how big� a country’s party system is. As a result, political scientists often prefer to use a measure of the e�ective number of parties in a country to capture party system size. If you recall, the e�ective number of electoral

Winter 2019

 

 

Comparative Politics Problem Set III

parties when there are four actual parties is calculated as e�ective number of electoral parties = 1

v21+v 2 2+v

2 3+v

2 4 where v1 is the vote share of party 1, v2

is the vote share of party 2, and so on. The e�ective number of legislative parties when there are four actual parties is calculated as e�ective number of legislative parties = 1

s21+s 2 2+s

2 3+s

2 4 where s1 is the seat share of party 1,

s2 is the seat share of party 2, and so on. These measures can easily be adapted to cases in which there are more parties or fewer parties. For example, the general formulas for the e�ective number of parties are

1 P∑ 1 v2i

(1)

1 P∑ 1 s2i

(2)

where P is the total number of actual parties. The table below shows the results from the 2014 legislative elections in South Africa. As you can see, thirty parties won votes and thirteen parties won seats. This would seem to suggest that South Africa has a large multiparty system. Answer the following questions.

(a) What is the e�ective number of electoral parties in the 2014 South African elections? What is the e�ective number of legislative parties? (You will probably want to use a calculator for this.)

(b) Compare the e�ective numbers of electoral and legislative parties in these elections with the actual number of parties winning votes and seats. Which measure-the actual or e�ective number of parties-does a better job, in your opinion, of capturing the size of the South African party system? Why? Are there circumstances in which you would be more likely to use the actual number of parties as the measure of party system size? Are there circumstances in which you would be more likely to use the e�ective number of parties?

(c) Based on your answers to the previous questions and the information in the table, what do you think is the most accurate classi�cation of the South African party system: nonpartisan, single party, one-party dominant, two party, or multiparty?

(d) Based on the e�ective numbers of electoral and legislative parties that you calculated, does the mechanical e�ect of South Africa’s electoral system introduce much distortion in the way that votes are translated into seats? Based on your answer to this question, what type of electoral system do you think South Africa employs a permissive or nonpermissive one? Use Internet resources to �nd out whether South Africa really does use a permissive or a nonpermissive electoral system.

Winter 2019

 

 

Comparative Politics Problem Set III

Make sure you explain how you arrive at your solution � you won’t receive partial credit for incorrect answers unless we can see that you have done a part of the problem correctly. It is your responsibility to convey the answers in a clear and neat manner. Your TA may give you more precise instructions and is permitted to penalize you for sloppy presentation. The problem set is due at the beginning of class on March 13.

Winter 2019

Employment Law Scenario Analysis

Write a 750-1,000 word paper in which you review public policy and how it affects employment. Address the following scenarios:

Scenario 1: Nurse Deb was due for her annual flu vaccination as mandated by her hospital’s policy. Nurse Deb is a big supporter of the antivaccination movement and refused to obtain her annual flu vaccination. Upon notice that nurse Deb did not obtain the vaccination, the nurse manager fired Nurse Deb. Nurse Deb has decide to file a wrongful termination suit. As the director of nursing, how would you handle this situation?

  1. What evidence does Nurse Deb have that could help her win the case?
  2. What law protects the hospital’s mandated vaccination procedures?
  3. How concerned should the hospital be if the lawsuit is a success?
  4. If the lawsuit is a success, how does this impact workplace safety and the obligation of the health care facility to provide protection?

Scenario 2: Joe Gomez worked as a plant operations specialist at Premier Hospital. While Joe’s manager was working on the HVAC system that protects patients from harmful viruses and bacteria, he noticed that he was not using OSHA-approved filters. Joe felt that it was important to report this to the compliance officer. The day following his report, Joe was fired by his manager. As the CEO of Premier Hospital, how would you handle the situation?

  1. How concerned should you be about the termination of Joe?
  2. What legal principles are involved and how do they reinforce workplace safety?
  3. If Joe was a member of the local employee services union, does this make the termination different?

Prepare this assignment according to the guidelines found in the APA Style Guide, located in the Student Success Center. An abstract is not required.

This assignment uses a rubric. Please review the rubric prior to beginning the assignment to become familiar with the expectations for successful completion.

You are required to submit this assignment to LopesWrite. Refer to the LopesWrite Technical Support articles for assistance.

HIPAA Privacy Rule, Part II

Chapter 11: HIPAA Privacy Rule, Part II

Fundamentals of Law for Health Informatics and Information Management, Third Edition

© 2017 American Health Information Management Association

© 2017 American Health Information Management Association

HIPAA: Individual Rights

HIPAA privacy rule provides individuals with rights to provide some control over their health information

Access

Request amendment

Accounting of disclosures

Request confidential communications

Request restrictions

Complain of privacy rule violations

 

© 2017 American Health Information Management Association

HIPAA: Individual Right of Access

Can access one’s own PHI contained in a designated record set

There are exceptions to access

Examples: Psychotherapy notes; information compiled for civil or criminal actions

Denial of access

May be subject to review (appeal)

May not be subject to review (appeal)

 

© 2017 American Health Information Management Association

HIPAA: Individual Right of Access (continued)

May require that request in writing

Covered entity must respond within 30 days after request received

30 days from receipt of request

Permitted 30-day extension if written statement includes reason for delay and date covered entity will complete its action.

Extended time permitted for records not maintained on site

Per HITECH, covered entities with EHRs must make PHI available electronically, or must send it to designated person or entity electronically if individual requests

 

 

 

© 2017 American Health Information Management Association

HIPAA: Individual Right of Access (continued)

Reasonable fee may be imposed on individual’s request

Labor and supplies

Search and retrieval fees may not be charged to individuals for their own records

Postage, when individual has requested information to be mailed

Preparation of an explanation summary, if agreed to by the individual in advance

Stricter state laws may apply to fees

 

© 2017 American Health Information Management Association

HIPAA: Individual Right to Request Amendment

Individual has the right to request an amendment to his or her health information

May require the amendment request to be in writing

HIPAA provides reasons that an amendment request may be denied

Timely response to the request is required

HIPAA provides process for denial of amendment requests

 

 

 

© 2017 American Health Information Management Association

HIPAA: Individual Right of Accounting of Disclosures

Individuals have the right to know about instances where his or her PHI has been disclosed

Accounting includes:

Date of disclosure

Name and address of entity or person who received the information

Brief statement of the purpose of the disclosure

Timely response to request for accounting

First accounting within a 12-month period is free

Must account for disclosures in past 3 years

 

 

© 2017 American Health Information Management Association

HIPAA: Individual Right of Accounting of Disclosures

Exceptions (disclosures not required to be accounted for)

For TPO purposes (unless disclosed from an EHR)

Individual was given his/her own PHI

Incident to an otherwise permitted or required use or disclosure

Pursuant to an authorization

Use in a facility directory, to persons involved in the individual’s care, or for other notification purposes

To meet national security or intelligence requirements

To correctional institutions or law enforcement officials

Limited data set

That occurred before the HIPAA privacy compliance date

 

 

 

© 2017 American Health Information Management Association

HIPAA: Individual Right of Accounting of Disclosures

Per HITECH, pending “access report” would require CEs to account for everyone who used or disclosed electronic health information in a DRS

 

 

© 2017 American Health Information Management Association

HIPAA: Individual Right of Confidential Communications

Individuals have the right to request alternative routing/destination of PHI

Requests may be refused if information is not provided as to how payment will be handled

 

 

© 2017 American Health Information Management Association

HIPAA: Individual Right to Request Restrictions

Individuals may request restrictions on uses and disclosures of PHI to carry out TPO

Covered entity does not have to agree to the requested restriction

Exception: Per HITECH, covered entity must agree if disclosure would be made to health plan for payment or operations, and PHI pertains solely to an item or service that has been paid for in full by other than the health plan

Must document and abide by request if covered entity agrees to it, unless and until terminated with notice to the other party

© 2017 American Health Information Management Association

HIPAA: Individual Right to Complain of Violations

Notice of Privacy Practices must inform individuals of right to complain at CE level and to the US Department of Health and Human Services, along with contact information

 

© 2017 American Health Information Management Association

HIPAA: Breach

Breach is an “unauthorized acquisition, access, use or disclosure of PHI which compromises the security or privacy of such information”

Several exceptions

Requirements apply only to unsecured PHI: that which technology has not made unusable, unreadable, or indecipherable to unauthorized persons

An impermissible use or disclosure of PHI is presumed to be a breach unless the CE or BA demonstrates a low probability the PHI has been compromised

© 2017 American Health Information Management Association

HIPAA: Breach Notification

HITECH requires breach notification as mitigation

Notification to individuals affected

Notification to HHS via online portal

HIPAA-covered entities and BAs subject to HHS regulations

Non HIPAA-covered entities and non-BAs subject to FTC regulations

Includes PHR vendors, third-party service providers of PHR vendors

 

© 2017 American Health Information Management Association

HIPAA: Breach Notification (continued)

Must inform affected individuals of

Description of what occurred (including date of breach and date of discovery)

Types of unsecured PHI involved

Steps individual may take to protect him/herself

Entity’s steps to investigate, mitigate, prevent in the future

Contact information for individuals to ask questions and receive updates

© 2017 American Health Information Management Association

HIPAA: Breach Notification (continued)

If a breach affects 500+ individuals, immediate notification is required to:

Local media outlets

Secretary of HHS for posting on breach portal

© 2017 American Health Information Management Association

HIPAA: Research

HIPAA affects research in the following ways:

When authorization is required

Research is a public interest and benefit authorization exception, but IRB or privacy board must approve variations to authorization requirement

In what form authorization may occur:

Standalone

Compound (informed consent + authorization)

Conditioned + unconditioned

Altered

Waived

© 2017 American Health Information Management Association

HIPAA: Preemption

HIPAA is a federal floor, or minimum, on patient privacy requirements.

State laws contrary to HIPAA apply if they are “more stringent”

Provide greater privacy protections

Provide greater patient rights regarding their PHI

or

Fulfill specific purposes enumerated in the law (i.e., are less stringent but serve purposes such as controlling regulated substances or preventing healthcare fraud and abuse)

 

 

© 2017 American Health Information Management Association

HIPAA: Administrative Requirements

Policies and procedures

Designation of privacy officer

Workforce training

Non-disclosure agreements

Mitigation

Include process for handling privacy complaints

Data safeguards

Retaliation and waiver

Document and record retention (HIPAA standard is 6 years)

 

 

© 2017 American Health Information Management Association

HIPAA: Penalties and Enforcement

HIPAA Enforcement Rule (2006)

Penalties for non-compliance apply to both CEs and BAs

Civil

Criminal

Penalty categories

Unknowing

Due to reasonable cause and not willful neglect

Due to willful neglect/corrected within 30 days of discovery

Due to willful neglect and not corrected as required

 

 

© 2017 American Health Information Management Association

HIPAA: Penalties and Enforcement Per HITECH

HHS contracts with a private entity to conduct random audits (no longer complaint-driven only)

State attorneys general may bring civil actions in federal court representing citizens affected by HIPAA violations

Individuals can now be individually prosecuted

Recommendations for compensating individuals harmed by violations

 

© 2017 American Health Information Management Association