All papers are checked via
|← Societal Ethics versus Evils||Ethics of Utility →|
Today there is every reason to care about any confidential information revealed to the physician in private. The intimate information stored in dusty shelves in medical store or even in the lock file cabinets, this facilitated exposure of valuable information to hundreds of strangers working in the health care office.
Patient confidentiality should be takenserious sly by the health officer or physician in charge of a patient. This means that the medical information about a patient should not be disclosedto the public. This information may be from either the patient or the health officer. Any breach of confidentiality can bring about negative consequences to the patient or the health officer. This ensures that the relationship between the patient and, the physician is full of trust but not betrayal during the physician, patient interaction. The trust created between the physician and the patient ensures that the patient feels free to disclosed valuable information to the physician knowing that the information is kept by the physician.
Payment of medical bills by private or public health insurances brings the greatest threat to the medical information privacy. This acts as a breach of confidential medical information. Employees of the health insurance company view the medical records, which are only to be viewedby the physician and the staff responsible. The threat does not only stop at the insurance company but also the employer, designated employees, public health departments, medical laboratories, public health departments, andmany others. Health Insurance Portability and Accountability Act (HIPAA) 1966 has provided health insurances with an Act on accountability and portability. This ensures that patients and customers privacy taken care of.
Any release of personal medical information of an employee to an employer, the individual has to write a consent that advocates the release of medical or health information.
Fears generate because ofthe breach of confidentiality; however, there is a population vulnerable to the breach of confidentiality such as: prisoners, cognitively impaired, injured and unconscious, substance abusers, and children. Relatively experiencingvulnerable is acutely sensitive. Consideration by more than one person becauseinformation considered sensitive by one person may not be sensitive to other people. This changes the attitude of vulnerability with aspects over time and assessment becausesome information needs a much attention. This information includes mental health information, parentage, reproductive data, and drug abuse.
When a patient signs a medical consent form in the emergency department, diagnosis prescription coordinates with the written consent of the physician and the patient. In cases when the patient cannot, or is incapable of signing it, Measures to enhance medical treatment are takenand further prescription recommended through the help of the tests done and further treatment prescribed. Many other medical interventions, individual privacy consideration is essential just like any other medical interventions. Screening is through questioners or laboratory testing. Observing confidentiality is essential for both parties sharing information pertaining the patients lifestyleor habits with caregivers. These impositions intended to the best interest of the patient either to encourage the patient to accept the treatment and disclose further relevant information in the future. This helps the patient to avoid discrimination and social stigmatization when these problems get exposedto the public.
Adoption of privacy laws in the state is a free task butthe HIPAA rights still prevail, however, there are laws governing the privacy of medical records in the state, on the hand, side some states pass laws to strengthen the HIPAA. It quit a challenging task for lawyers to determine if the state has laws that act besides the HIPAA rule. The federal law does not guarantee access to medical records prior to HIPAA, there for patients can see and copy medical records as by thelaws of about half the state. Contrary to the state laws, the HIPAA allows the patient to see the request for amendment and even copy the medical records.
HIPAA allows the patient to change copies for his or her record, but has limits due to charges that depend and more records accessed. Accessing protected pertinent information under the HIPAA can be accessed by law enforcement through the civil liberty and concerned privacy advocates; hence, law enforcement can gain the access even without the court order. The government has a legal right to see the patient’s medical record in many situations. This implies that people’s registries diagnosed with serious illnesses like cancer and HIV birth certificate and death certificates must be kept by the state agencies. Authorization of access, typical, and disclosureof medical information by the government does not require authorization.
Confidentiality breach imposing liability is more extensive than ethical guidelines as by thelegal basis. This dictates the moral thing to do. Land laws are responsible to protect the patients confidentiality included in the rights of the constitutional privacy, state legislation, federal and regulation, governing the licensing and medical records.
There is every reason to care about the privacy of medical information today. Physical and mental information about a patient endsin data files. This exposes information to hundreds of workers in the health care and by the insurance industry. Private medical information is a valuable commodity for marketers who want to sell something. However, the Health Insurance Act (HIPAA) passed by the Congress in 1996. This Act was to ensure that health data transferred electronically remained confidential.
Personal health data security became a growing concern to the Congress hence, the growing concern needed to be addressed urgently. Health human Services (HHS) and the U.S. Department of Health and human service (DHHS) eventually took the task of writing the privacy rules. Later the HIPAA Privacy Rule issued by the Department of Health and human service (DHHS) after several modifications occurring. In April 14, 2003, the privacy rules effectively implementedclearinghouses plans and health care providers. Small plans had to comply by April 14, 2004.
Medical confidentiality is a managerial responsibility to ensure patients confidentiality and not an individual responsibility. The management works together with the administrative officer to ensure there is an institution committed to maintain confidentiality. The management institutes policies are to keep the staff aware of the consequences of any confidentiality and breach to provide quality assurance on privacy matters.
The implementation of the progressive, ongoing staff training is the managerial responsibility. Through the management information system, opportunities of abuse reduced this seek a way to protect patients records. Recruiting appropriate participants to conduct a clinical trial is a managerial responsibility. This will ensure that there will be no cases of confidentiality breach, which can happen if the management allows physicians not to involve in the care of patients to gain information about their medical condition.
The responsibility of management is signing any consent forwarded to the health care center before any health information exposed to researchers as per Protected Health Information (PHI). The management has to ensure that the authorization has informed the individual responsible of the medical information. Researchclearly has to meet the requirements of the HIPAA privacy rules or cover entity to provide access to the medical information. This is the role of management to ensure such procedure followed without any breach of confidential medical information.
Possible and preferred resolutions to the issue concerning a patientconfidentiality such as the proper use of disclosed information to covered entities exist legally. Seeking access to the decedents requires PHI from the individual or the next of kin as a way to maintain confidentiality for medical information. Written representation or oral convincing that use is solely for the research on PHI of the decedent assists in preservation of decedents PHI. However, privacy Boards exist and ensure privacy of participants and maintain data confidentiality, depending on the institution. This privacy board is not separate.
Fair, clear, and honest explanation concerning the use of the medical information acquired by the researcher is important, although absolute confidentiality is not that promising. Management professionals shouldnot limit personal, health, genetic, and outcomeinformation, but should safeguard confident, patient information.
However, care provider handles complains on confidentiality breach, this allows the complainant to file accusations to the care provider. This happens only if the health care provider had violated the privacy of a patient’s medical record. Special requests are available to facilitate confidentiality during communication if it is reasonable. Telephone calls are done to homes rather than to offices to avoid breaching the confidentiality issues concerning the medical information. More soappointment reminders can be sent to the office address rather than home address to conceal the private medical information.
These days a patient has a choice of his or her name included in directories store patients address in hospitals and health care centers. However, it is the choice of the patient whether to have medical information discussed with immediate relatives or family members. The HIPAA has authorized both civil and criminal penalties to the government if a lawsuit for violation happens. An incentive rule providedcomplies with penalties imposed.
As part of the admission procedure, it is the choice of the patient to have a directory. Location of the patient and information is included in the directory. Oral or written agreement is essential in the hospital or health care directory. However, the patient can restrict the information that adds to the directory or disclose. Professional judgment by a health care provider can apply if an emergency case or situation if the patient is not able to give consent. Friends and family members are allowed to give consent in special cases. When there is power aver attorney, the parent of a minor child or a mental retarded adult has the authority to include ay information needed in the health care.
Preferably increasing the awareness on occupation of health professionals is important to employers, workers, and representatives. This will avoid interference of privacy and confidentiality issues concerning medical records. This helps to enhance the acceptability and occupation health practice effectiveness thus, enhancing human dignity, andsocial acceptability. Support of employers, workers, and theirorganizations is essential to patients so as to show the highest standards in occupational health practice. Appropriate standards should be set through professional audit of own activities and those detected corrected.
State laws preferably protect Health information through providing minors with the authority. This concern the adolescents concerned with protecting their health privately. This might prevent the adolescent from seeking advice from heath care centers due to the fear of breach of confidentiality on private matters pertaining adolescence. These issues include: sexually transmitted diseases, substance abuse, andpregnancy. If such information is not kept confidently, there will be no volunteers who help in important medical researches. Adolescents in modern health care policies have provided federal and state laws to protect and maintain medical information confidentiality.