After looking at the American Bar Association web-site the section that had the most applicable content was Rule 1.6. Confidentiality of Information. Some of the main points include “A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent.” (ABA Model Rules 1:6) I believe this takes precedence over all the other areas because of the strict rules of confidentiality. The health department requires “open records” to be available upon public inquiry. The potential of releasing personal information could prove disastrous. It is required to blackout all person information such as home addresses, telephone numbers and date of births. As for an ethical theory, this could fall in “The
The U. S. Department of Health and Human Services published a bulletin on September 2, 2005 that addressed “HIPAA privacy and disclosures in emergency situations” (Department of Health & Human Services [DHHS], 2005, p. 1). According to this bulletin, patient information can be shared in emergency situations to provide treatment. Information may also be shared if it is necessary to “identify, locate and notify family members, guardians, or anyone else responsible for the individual’s care of the individual’s location, general condition, or death” (DHHS, 2005, p. 1). Finally, information may be shared if the patient is found to be in imminent danger or if the individual has agreed to be included in the facility directory
Discuss what is required to disclose patient information to family members, friends, and when ordered by courts or government
In today’s society there are a lot of people that use the computer to make all or some of their purchases these generally start with buying something small and can grow into buying things like cars and houses.
Privacy legislation and the legal complexities surrounding the ownership and management of patient information, many physicians are wary about when they may or may not release such information to patient and other parties. All patients have the right to the information in their medical records. In certain situations the physicians have the right to refuse the release of patient information to the patient, if the have any reason to believe that the disclosed information would have a reverse effect on the patient’s mental, physical, emotional health, or cause harm to a third party. When needed to be transferred a copy of the information may be sent directly from the former physician to the new one. In other circumstance the patient can receive the record themselves and hand it directly to the new physician. It is recommended that the original files are not released, instead a photocopy or scan of it may be sent. A physician may release patient information to lawyers and other parties when requested to do so only if the patient or the patient's substitute decision-maker has given authorization, preferably in writing, or if authorized by law or a court order.When information is
not transferred to countries outside European economic area unless country has adequate protection for the individual
“Patient-specific information recorded and communications made in the course of providing mental health or developmental disability services are considered confidential and may not be disclosed except as provided by law (McWay, 2010, p. 239)”. A patient’s medical record is property of the hospital or the facility that created the record. However, the information held in the record is the possessions of the patient, and a copy of the record (with a mental health or development disability case) can be released to the patient as long as he/she is twelve years old. Also a patient who is twelve years old has the power to consent to release information to a third party. The release of a health record, with a mental health or development disability issue, can be permitted to the patient’s legal guardian without the consent of the patient, if the patient is under the age of twelve years old. However, if a
Remley and Herlihy (2016) defines confidentiality as an ethical concept which refers to the counselor 's obligation to respect the client 's privacy and in session discussion will be protected from disclosure without their consent (p.108). The receptionist never disclosed what was being discussed in wife A session; however, her inadvertent breach of confidentiality occurred the moment she divulged the fact that wife A is a patient at a mental health facility. An important premise to understanding the ethical principle of confidentiality is base that a counselor respects the client 's right to privacy (Remley & Herlihy, 2016; Quigley, 2007). Premise one states the "counselor honor the rights of clients to decide who knows what information about them and in what circumstances" (p.110).
The only person that can disclose information of their own medical record is the patient. Some exception where the information can be use without the patient document law issues to protect the patient concern as Criminal Acts, Legal Ordered, Communicable Diseases and Mandated.
There are laws in place that protect a patient in the health care setting. The Health Insurance Portability and Accountability Act of 1996 or HIPAA, as it is known in the healthcare field, was designed to protect the privacy,confidentiality and security of patient information (Pozgar, 2013).Employees the health care field are very aware of HIPAA and the rights of their patients. All staff knows that patient information can only be discussed with qualified individuals on a need to know basis. Speaking about cases outside of work is strictly prohibited. Photography or recording of any patient interaction is also a breach of a patient's rights as well. The problem with this is that there are many policies in place to protect the
Everyone is entitled to confidentiality unless they give permission for someone else to see their information or they can no longer make decisions on their own (for example, if they are confused or comatose). A federal law, Health Insurance Portability and Accountability Act applies to most health care physicians and its guideline, known as the Privacy Rule. The Privacy Rule sets specific rules regarding privacy, access, and disclosure of information. For example, HIPAA specifies the following:
The first reason, the provider’s attorney requests the protected health information during a normal course of business, such as to prepare for a medical malpractice lawsuit. The second reason, patient healthcare records or protected health information are disclosed information pursuant to a lawsuit court order. A subpoena signed by a judge is sufficient to permit disclosure of all healthcare records in the court of law.
How I would explain the difference between privacy, confidentiality, and privileged communication to a client.
Health care professionals are subject to a multitude of professional, legal, and ethical responsibilities which call for personal judgment to be utilized in such a manner as to protect clients as well as public wellness and interests. Overall considerations in handling such duties may be considered to be respect of a client’s autonomy, confidence, and recognition of obligations owed to all clients. While the aforementioned acts fall within the professional realm, there are also legal implications that guide care. Therefore, it can be said that ethical considerations occur in observation of legal responsibilities. Confidential information is perceived as private facts which are disclosed with the
1: Classify each of the following as a violation of confidentiality, of integrity, of availability, or of some combination thereof.
When working with other clients, individuals, or employees it is important to keep all information confidential. Confidentiality is extremely important, because violation is breaking HIPPA laws and the code of conduct. Confidentiality protects a client’s rights, where all information that is given is kept private. “Privacy refers to the person’s right to keep specific information private which includes the facility’s