Confidentiality in health care has a dual aspect with it being both legal and ethical. The Health Insurance Portability and Accountability Act (HIPAA) in USA have laws on how the patient information should be handled. The HIPAA Privacy Rule addresses the saving, accessing and sharing of medical and personal information of any individual, while the HIPAA Security Rule more specifically outlines national security standards to protect health data created, received, maintained or transmitted electronically, also known as electronic protected health information (ePHI). (What is HIPAA Compliance). Electronic health information systems also need to securely manage patient data to avoid breaches of privacy and security along with storing and transmitting this information across multiple systems.
In the event you are unsure if you can release and/or access a patient’s PHI, contact your supervisor or your organization’s Privacy Officer. Finally, this violation reaffirms the need to conduct a HIPAA Risk Analyses, including monitoring the privacy/breach rule. Use your policies and procedures for efficient and effective training, auditing and
I. INTRODUCTION There are many definitions about Confidentiality and this word is commonly linked together with trust, respect of autonomy and privacy. One of the classic definitions; Confidentiality is a pledge or agreement that any off-the-record information shared by the patient will be protected against disclosure to a third-party, unless permitted by the patient, or in some circumstances, guided by the law or the primary involved parties. The confidential information is strictly discussed among health care providers only. The ethics of Confidentiality is highly recommended in the medical field.
as cited in Roberts 2004). Autonomy is described as an individual’s right to self-governance around their care and the requirement of healthcare professionals to respect these decisions (Kirby et al. 2004). However the patient and healthcare professional can sometimes have conflicting views regarding a person’s capacity for autonomy particularly persons who are acutely unwell. Despite JB expressing his dislike of being placed in seclusion, nursing and medical staff agreed JB’s capacity to make an informed autonomous decision was impaired due to his current mental distress.
Covert use of medication can be seen as dishonest as the NMC code (2015) states respect the level to which people receiving care want to be involved in decisions about their own health, wellbeing and care; the code of practice also states act with honesty and integrity at all times, treating people fairly. In contrast however, Beauchamp and Childress (2009) highlights non disclosure, limited discolour, deception or lying may be considered when veracity and the principle of autonomy is thought to conflict with other ethical obligation. Jean was given the opportunity to understand and evaluate what was being asked and was provided with all relevant information to support their decision making process.
Information among vulnerable adults and children’s safeguarding is considered private, distinctive and personal. Safeguarding is a regulation amongst the Care quality commission it means, protecting people’s health, wellbeing and human rights and enabling them to no longer be without harm, abuse and neglect. Its fundamental to high quality health and social care. Producing a policy for safeguarding vulnerable adults consists of, person centred approach the care and support that respects the person as an individual and promotes dignity, choice, independence and wellbeing. This type of information is governed by the duty of confidentiality.
Furthermore, to disclose this information the physiotherapist must have permission from the service user and if the law allows. Reasons to disclose information must be in the service user’s best interests or if it will protect the public. Patients coming to see physiotherapists have an expectation that the information they present will be confidential and keeping to this allows trust to be created between physiotherapist and patient (UK Essays, 2013). Confidentiality must be maintained so that standard 5 is met of the SCPE allowing for the best possible treatment to be
On any given shift, nurses have access to some of the most personal private information about a patient and his or her family. A right to privacy is grounded in the society and is protected by the United States Constitution. In addition, the American Nurses Association (ANA) Codes for Nurses prohibits disclosure of confidential patient information, as do the ethical codes of many other professional organizations (Malek, 2010). The Joint Commission mandates that institutions maintain and adhere to policies and standards to protect patient information. According to Malek (2010), nurses must remember that a right to privacy protects more than the patient’s medical record; it protects them from unauthorized photographs and news stories, as well
Patient Rights. Enactment of HIPAA enables patients in many ways by providing them a set of rights which include a right to be notified about the privacy practices of the covered entity they are dealing with, a right over control and access of their Personal Health Information(PHI), and to take legal action against an entity on encountering any HIPAA violation without facing threats of retaliation. Security Safeguards. The Security Rule of HIPAA provides a highly detailed series of requirements in terms of administrative, technical, procedural and physical guidelines, for securing the electronic Personal Health Information (ePHI). State Law.
A client must be able to trust that the personal information he or she shares with me will not be revealed to other people. A counselor must explain the benefits and problems inherent in counseling services and clarify the limits of confidentiality to the client. As a social worker I would do the following to maintain confidentiality in thi case: 1. I would provide informed consesnt in the sense that I must explain the benefits and risks of counselling. I would request permission to record counselling sessions in writing, with a video or recorder.
These consequences apply to individuals who are responsible for protecting patient information but he or she voluntarily exposes the information for personal gain. If that was to happen then there are criminal penalties such as fines and even jail time. The second article was on HIPAA DDE Requirements. Here is a brief summary of key factors and critical issues from the article. The article gave a description of what direct data entry (DDE) was and how DDE is the process of keying in data directly to providers from a health plan’s computer (Nachimson, 2002).
Private rule allows a good flow of health care information to ensure that an individual gets the best quality health care. Private rule permits the access of the important information while keeping top security and privacy of treatment details of the patient. Security rule is also a rule found in HIPAA whereby it has administrative and technical guards which are responsible in ensuring that there is confidentiality and integrity of the information which is stored electronically. Security rule also requires physical safeguarding to offer
The safety of the employees and clients is the number one protocol. Some of the ethical dilemmas include discrimination, racism and deception just to name a few. Some clinical workers may have to break the ethical code of conduct by falsifying information, withholding information, give misleading information just to gain important information needed from their client. Not only is the social workers ethical code of conduct an issue but it also conflicts with the law, workplace regulation and polices hindering the full capability of the social worker duty to keep clients information confidential. This includes sharing client’s information with co- workers or to those outside of the workplace.