What is confidentiality? Confidentiality is the right of an individual to have personal, identifiable medical information kept private. It is ones private information that comes to the knowledge of a person, in circumstances where an individual has been given notice, or is held to have agreed, that the information is not to be disclosed. A non-disclosure agreement is a standard written agreement that is used when two or more companies work together. Anyone that have access to private information is often required to sign a confidentiality agreement and it is often a clear indication that the information is sensitive and non-sharable. Non-disclosure agreements are used in almost all professions, as people rely more and more on confidential communications. …show more content…
It requires health care providers to keep an individual’s personal health information private unless consent is given to release the information that is provided by the patient. Patients share all their personal information with health care providers, and any information disclosed to a physician by a patient should be kept private. Only under certain circumstances will the disclosure of medical information be released and that is, if it is requested by law. In these situations, consent from the patient doesn’t have to be required, but still also not to disclose any more information than was in the request. When would confidential information disclosed? There are only 3 situations in which sensitive information would be disclosed. At the client’s request, the client will be asked to sign a release of information consent form stating who the information is to go to and what they are requesting to be disclosed, required to by law, and when based on professional observance that it is decided that the client’s behavior gives reason for concern that they may be at risk to themselves or …show more content…
This is when a patient's private information is disclosed to a third party. Breaches in patient confidentiality can have long-term adverse effects, even when no lawsuit is filed. Patients are at risk of having their private information shared or the practice’s reputation can be permanently damaged. The HIPAA Privacy Rule can also come into play. HIPAA is the federal Health Insurance Portability and Accountability Act of 1996. The main goal of this law is to make it easier for people to keep health insurance, protect the confidentiality and security of healthcare information and help the healthcare industry control administrative costs. In doing so providers are rules that they are required to follow. They must develop and implement a privacy policy. Train all employees to ensure their understanding of and full participation with the privacy policies and procedures, and to also designate a person to see that the practice’s privacy policies are in affect and followed and ensure that patient records are secure and accessible only to those who need them. A HIPAA violation can result in both civil and criminal penalties and monetary civil penalties of $100 per violation can be incurred up to $25,000/person/year. Anyone who knows and obtain or discloses private information in violation of HIPAA can be fined up to $50,000 and be imprisoned up to one year. If the offense is committed with intent to sell or be used for personal
US Congress created the Hipaa bill in 1996 because of public concern of how their private information was being used. It is the Health Insurance Portability and Accountability Act, which Congress created to protect confidentiality, privacy and security of patient information. It was also for health care documents to be passed electronically. Hipaa is a privacy rule, which gives patients control over their health information. Patients have to give permission any healthcare provider can disclose any information placed in the individual’s medical records. It helps limit protected health information (PHI) to minimize the chance of inappropriate disclosure. It establishes national-level standards that healthcare providers must comply with and strictly investigates compliance related issues while holding violators to civil or criminal penalties if they violate the privacy of a person’s PHI. Hipaa also has boundaries for using and disclosing health records by covered entities; a healthcare provider, health plan, and healthcare clearinghouse. It also supports the cause of disclosing PHI without a person’s consent for individual healthcare needs, public benefit and national interests. The portability part of Hipaa guarantees patients health insurance to employees after losing a job, making sure health insurance providers can’t discriminate against people because of health status or pre-existing condition, and keeps their files safe while being sent electronically. The Privacy
To begin the understanding of confidentiality, the author first provided readers with a formal concept analysis on confidentiality. He explained how confidentiality did not truly become a concept of interested until 1961, when the general nursing guides made a small mention related to the concept in regards to privileged
. HIPAA privacy rules are complicated and extensive, and set forth guidelines to be followed by health care providers and other covered entities such as insurance carriers and by consumers. HIPAA is very specific in its requirements regarding the release of information, but is not as specific when it comes to the manner in which training and policies are developed and delivered within the health care industry. This paper will discuss how HIPAA affects a patient's access to their medical records, how and under what circumstances personal health information can be released to other entities for purposes
The penalties for violating the rules dictating by HIPAA are complicated because the guidelines are still very broad and the rules are still so new that with each case new standards are being set as to the way violations are being handled. Violation of HIPAA rules can result in civil and criminal consequences. There is case that marked history as the first health care organization to be fined for a HIPAA violation. Cignet Health in Maryland was fined $4.3 million for two violations: failure to provide patients a copy of their medical records within 60 days of a request and failure to cooperate with civil investigators. “HIPAA calls for civil and criminal penalties for privacy and security violations, including: -- fines up to $25K for multiple violations of the same standard in a calendar year -
Under the HIPAA compliance audit program if a healthcare organization has attested and is later audited and found not to be compliant with HIPAA, the organization could face penalties including giving back the meaningful use incentive money. (Goedert, 2013) provided the following ways to ensure compliance: conduct mock audits, make sure all data within the organization is encrypted, computer access is logged, network security gaps have been filled, policies and regulations have been updated and expanded, and most importantly that all staff complete annual HIPAA training courses with emphasis on privacy and security.
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.
Personal health information includes a patient’s name, address, birthdate and social security number. It also includes a person’s health or mental status whether it is in the past, present or future. HIPAA gives people the right to have access to their medical records. It also states that people have the right to either give consent or deny consent of their information being shared or released. All health care facilities, insurance companies, pharmacies, vision, and dental offices must adhere to the HIPAA guidelines. Though patients have a right to their information being kept confidential, their information may be shared for necessity in regards to treatment, billing, to protect the public health, and if the law requires disclosure. Penalties are set in place for violations of the HIPAA laws ("HIPAA summary,"
It is important for all health care recipients and health care providers to read information regarding HIPAA that way everyone will be informed of what rights are privacy they are entitled to and the workers are aware of what information needs to remain confidential. People can receive handouts regarding information about HIPAA, as well as the Internet. There are hundreds of online websites that people can go to in order to receive more information on how HIPAA works and what is required to ensure everyone follows the laws that go along with HIPAA. Breaking the law can have some major consequences so it is important to understand HIPAA and what privacy laws are enforced to protect a patient’s information. The information that is
Health Insurance Portability and Accountability Act, also known as HIPAA, became an act in 1996 by the United States. The act specifies guidelines for the protection and circulation of individually healthcare information. It establishes regulated procedures for electronic data interchange, security, and confidentiality of all healthcare-related data. It is designed to protect individuals from an improper distribution of medical information. The act states what can and cannot be shared without permission and what individual medical records can be accessed by the individual. The act specifies possibilities for reparation and penalties for those who violate the act. HIPAA lessens uncertainty as to what is and what is not a privilege when obtaining individual information. The HIPAA privacy rule applies to all written, oral, or electronic patient information. The security rule covers electronic security and requirements for those receiving protected information. This also helps prevent breaches of information. When individual patients want to access their own medical records and insert corrections if needed, they rely on HIPAA for the right to do so. They are reassured that any of their information will only be shared with those who have a justifiable need to see it or have been given consent by the patient (Magee, n.d.). I believe HIPAA will continue
Confidentiality in the Healthcare arena can be simply defined as the moral and ethical duty of the Practitioner to keep all the patient’s bio-data under lock and key, and offer a disclosure of those facts that the patient is legally mandated to disclose or deems fit to enhance their positive health outcome. According to the Segen’s Medical Dictionary, “Confidentiality is the ethical principle that a physician may not reveal any information disclosed in the course of medical care, unless the patient who disclosed that information poses a threat to him, herself or others’’
The Notice of Privacy Practices must be provided for the patients’ first admission into a healthcare facility. This notice describes how the privacy rule allow providers to use the patient 's’ PHI, explains their privacy rights and provides contact information for complaints (Herold, R., & Beaver, K, 2014). A “good faith” effort must be made to obtain a written acknowledgment from the patient that he has received the Notice of Privacy Practices. One issue that has been noted is the wording of some notices are cumbersome and not written clear enough for the average layperson to understand its meaning.
With the healthcare that have changed as a result of the Hipaa privacy law, rules, and regulations. Hipaa privacy law is to protect the patient health records, and Privacy, governing access, use, and disclosure. With the privacy rule protection consistent set of standards affecting the providers, health plans. With noncompliance or penalties want to contact the authority, law enforcement.
HIPAA privacy law set rules and regulations within healthcare. Many of the processes were changed. Now there are security standards in place that protect the confidentiality and privacy of the patient health record. Patients have more rights and privacy protection to access their own PHI. The HIPAA Privacy Rule contains provisions relating to the prevention of medical malpractice, fraud, and abuse.
When it comes to confidentiality there are rules that one has to follow in order to abide by the person’s rights. Using caution when talking to others about the client who want to obtain information that they are not at liberty to have. An example of this would be someone claiming to be a patient’s friend wanting a room number in the hospital to go visit them. Confidentiality is a very delicate situation in the practicing field of professionals.
Knowing the difference between privacy and confidentiality can be confusing. Privacy is the right of individuals to keep information about themselves from being disclosed; that is, people (our patients) are in control of others access to themselves or information about themselves. Patients decide who, when, and where to