Confidentiality Is A Core Duty

When confidential patient information is disclosed without consent it is a violation of the HIPAA Title II Security Rule. This rule was enacted in response to private information being leaked to the news and emails containing privileged information were read by unauthorized people. Identity theft is a real concern so patient privacy should be taken seriously. This is a rule can easily be broken without the

The main goal of HIPAA is to protect unauthorized access and misuse of confidential health information. It allows for the safe storage of any health facts used, collected, transmitted or maintained by any health organization. It states that all health information about a particular client is completely confidential, regardless of what the format is and whether it is transmitted, maintained or collected. Protected information is that health information that already identifies the patient or could be used in order to identify the patient; it also relates to any of the patient’s past, present or future health conditions, any treatment the patient receives and any payment the patient makes toward their care.

The nature of the banker-customer relationship is one of agency. Amongst the duties that stem from this relationship, the bank’s duty of confidentiality is clearly an issue of great importance. The focus of this essay is on the scope and limitations of the bank’s duty, both to its customers as to the public. In order to analyse this it is necessary to firstly consider the idea of duty of confidentiality, Secondly, it is necessary to study the Court of Appeal’s judgement in the case of Tournier. Thirdly, this essay will take the Jack Committee report into consideration. Lastly, this paper will briefly mention the Banking Code, it will also discuss whether the principle in Tournier may be outdated and if so, whether it is in need of a new crystallised self, clearly stating the limits and boundaries of the bank’s duties both to the customer and to the public itself in the form of a statute. To conclude this essay will consider the future of the duty of confidentiality.

Explanation: According to both HIPAA and ARRA regulations, healthcare organizations compels to allow all reasonable efforts to limit the disclosure of information to the minimum necessary data to accomplish the purpose of the request (McWay, 2010). Based on the information provided, the request for PHI fails to specify the date of validity of the release of PHI. According to the HIPAA privacy rule, a request for the release of PHI is invalid if the request meets the following specifications (1) expiration date not specified that is related to purpose of disclosure, or the date on the request for information has elapse, (2) If the authorization request have been revoked, (3) failure to clearly state the intended purpose of release of information, (4) failure to provide signature and date of authorizing the disclosure of information ( or failure to provide specification of the representative’s authority to act on behalf of the patients), and (5) failure to specify the entity disclosing and the recipient entity (Department of Health & Human Services, 2004). There

In conclusion, as long as information that is provided without the individual’s consent has been de-identified, and can help that particular individual, or help others with research, it is a good thing that information can be provided to those who request the PHI. The HIPPA law makes sure that no personal, private information can be disclosed without the patients consent. And any other information is not provided without first obtaining the individual’s consent.

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

The Health Insurance Portability and Accountability Act or HIPAA which is enforced by the U.S Department of Health and Human Services exists to ensure that the basic security surrounding protected health information exists. Under HIPAA, protected health information utilized by covered entities such as healthcare providers, specific health plans or healthcare clearinghouses are required to be maintained and secured in compliance with certain guidelines aimed at protecting its integrity. Whenever protected health information is released by a covered entity, HIPAA standards require that elements of consent and/or authorization be satisfied. In these circumstances, consent is the less formal element and can oftentimes be satisfied by the issuance

Health care members are required to guarantee that the privacy of the patient’s health information does not get out without the patient’s permission. Healthcare workers can use the patient information for treatment or payment cleared by HIPAA. The worker must get permission from the patient before they

“The HIPAA Privacy Rule establishes national standards to protect individuals’ medical records and other personal health information and applies to health plans, health care clearinghouses, and those health care providers that conduct certain health care transactions electronically. The Rule requires appropriate safeguards to protect the privacy of personal health information, and sets limits and conditions on the uses and disclosures that may be made of such information without patient authorization. The Rule also gives patients the rights over their health information, including rights to examine and obtain a copy of their health records, and to request corrections.”

Release or not to release is the question in today’s healthcare? Being a patient, and going to a doctor’s appointment has really changed versus how it was years ago. Most of us as patients know that we have a right to our own health information, but how is this beneficial to us as patients and healthcare providers? As healthcare is increasingly becoming complex what are ways to enforce these policies and rules? HIPAA rules and standards will need to be the same in each state so there is interoperability the proper way, but will we be able to really accomplish this? This paper will discuss these aspects and ways to overcome these obstacles that are occurring.

“The Health Insurance Portability and Accountability Act (HIPAA) of 1996 made it illegal to gain access to personal medical information for any reasons other than health care delivery, operations, and reimbursements” (Shi & Singh, 2008, p. 166). “HIPAA legislation mandated strict controls on the transfer of personally identifiable health data between two entities, provisions for disclosure of protected information, and criminal penalties for violation” (Clayton 2001). “HIPAA also has privacy requirements that govern disclosure of patient protected health information (PHI) placed in the medical record by physicians, nurses, and other health care providers” (Buck, 2011). Always remember conversations about a patient’s health care or treatment is a violation of HIPAA. “All PHI is included in the privacy requirements for example: the patient’s past, present or future physical or mental health or condition; the provision of health care to the individual, or the past, present, or future payment for the provision of health care to the individual, and that identifies the individual or for which there is a reasonable basis to believe it can be used to identify the individual” (Buck, 2011). Other identifiable health information would be the patient’s name, address, birth date and Social Security Number (Keomouangchanh, 2011). (Word count 197)

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:

But when those involved in these legitimate activities make demands that seem inappropriate, the records must be protected. Disclosure of personal medical information should also be subject to patients’ or families’ consent (Richmond et al. 2009).

The principles that allow covered entities such as government agencies to release protected health information only with the patient’s consent is that PHI will be released in compliance with the regulations governing reporting requirements. There are times where the government can release protected health information, the HIPAA Privacy Rule provides that protected

Privacy and confidentiality are basic rights in our society. Safeguarding those rights, with respect to an individual’s personal health information, is our ethical and legal obligation as health care providers. Doing so in today’s health care environment is increasingly challenging (OJIN, 2005).