PLEASE READ POST AND ALSO RESPOND TO THE F/U QUESTION HIGHLITED BELOW. THANKS
Hi,
Thank you for your contribution!
Maintaining patient confidentiality is the foundation of safe therapy because this ensures that the caregiver and the patient will communicate in an atmosphere of trust. To note, patients who seek therapy may have many secrets in his or her life that the individual does not want others to know. When the person knows that he or she can fully trust the caregiver not to disclose any of the things pertaining to his or her health records, the patient will be able to freely express thoughts, emotions, experiences, and other personal information.
The confidentiality of information can be approached from many respects, such as from an ethical perspective, individual privacy, and from a rule-oriented approach. Keeping a patient’s identity and other personal information is not only ethical but legal. The professionals in the health services industry are governed by rules and procedures that take into account ethical considerations and the protection of the individual’s privacy. With this in mind, there are policies that govern how information can be shared among health professionals to whom a person may come into contact with.
I’m glad we’ve HIPAA law in place because without this, patients will not be able to disclose very personal information. Trust can only be fostered if patients reasonably believe that their information will be held in absolute confidentiality by the caregivers. Therefore, confidentiality provides patients with the sense that they are in a safe environment and that disclosures made will not cause them humiliation with other people.
As a general rule; and, as required by HIPAA, healthcare professionals are prohibited from disclosing confidential information to any other party unless the law mandates it. This means that a caregiver should err towards caution when handling patient information or disclosures unless if required by law under some real legal circumstances. Violation of this law is associated with a serious federal sanctions and penalties. Employees exchanging information with other patient’s family members about another patient in the facility is a clear HIPAA violation; yet, I’ve seen that in elevators and open cafeteria rooms many times!
In 2013, a jury in Marion County, Indiana, awarded $1.44 million to a Walgreens customer based on allegations that the customer’s pharmacist accessed, reviewed and shared the customer’s prescription history with others who then used the information to intimidate and harass the customer (Kobus & Session, 2013). This is not the first case in which HIPAA has been the centerpiece of a private cause of action, but it does appear to be the first case resulting in a substantial jury verdict against a provider using HIPAA as the basis for the standard of care.
A follow-up question: Is it important to express to the patient that there are exceptions to confidentiality and privileged information due to ethical and legal reasons? If so, what are they? (Note, other students are encouraged to respond to this question)
Dr. Earl
www.mondaq.comSource: Kobus III T. & Sessions L. (2013). HIPPA Violations Results in $1.44 Million Jury Verdict Against Walgreens Pharmacist. Retrieved from:
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