ConfidentialityMHA 690

Joseph FergusonProf. Cynthia Davis

Confidentiality is the process of not-disclosing information to unidentified or unauthorized third parties. Something that is confidential is limited to a certain number of people.

What is Confidentiality?

A breach of confidentiality is when information is willingly or unwillingly shared or distributed to a third party without consent. Breaches can occur at any time; they can occur verbally through a conversation, written in document, and electronically through email over a computer (AMA, 2013)

What is a Breach of Confidentiality?

HIPAA-Health Insurance Portability and Accountability Act

AMA-American Medical Association NEC- National ethics committees and

councils                                                          

State Laws

Guidelines, Laws, and Lawmakers

          All NPI (Non public

information) Medical Records and

Billing Information Patients and Medical

personnel Conversations between

Patients and Clinicians (US Dept. of Health and

Human Services, 2013).

What and who is protected ?

All Covered entities must follow the regulations under HIPAA

Healthcare Providers (Doctors, Dentist, Pharmacist, etc.)

Health Plans (HMO, Health insurance Companies, Government programs like Medicaid)

Healthcare Clearing House Business associates( Lawyers, IT specialist,

Billing companies, Etc.) (US Department of Health and Human Services,

2013).

Who must follow laws and guidelines?

Patients have the right to determine who can review and receive their health information.

Patients have the right to change or updated medical profiles.

Patients have the right to choose what information they want to disclose to a physician.

(Beauchamp and Childress, 2012).

The Bottom Line

In certain situations Medical Personnel have a duty to report.

Doctors can report information if the patient is a public health risk such as spreading diseases like HIV/AIDS.

If a patient talks to a psychiatrist about harming or killing someone or group of people.

Minors show signs of abuse. (Beauchamp and Childress, 2012).

Acceptations to the rules: Physician Rights

Selling account information to creditors and marketers

Accessing patient records for personal use Using patient information in marketing ads

without consent Misleading patients about health studies to

gain profit for products. (Department of Health and Human Services,

2013).

What is not accepted?

Breach in confidentiality can have minor to severe penalties for individuals and the organization involved.

Fines Suspension or Termination Civil lawsuits Criminal lawsuits Reduction of patients Mistrust from the community (Department of Health and Human Services,

2013).

Consequences

If you are unsure or believe a breach in confidentiality has occurred always ask questions.

Do not email account or social security numbers Contact immediate supervisor or department

head Do not discuss or share information with co –

workers. This may lead to more breaching. Lock up all NPI physical and electronic data Shred unattended documents Refer to this training and tool book

How to avoid Potential breaches in confidentiality?

The confidentiality training will be effective for the healthcare organization for variety of reasons; it will help avoid lawsuits (Civil or Criminal), educate employees of laws, identify unethical behavior, and used as a guideline to follow in day to day operations.

It is critical to stay up to date on ethical healthcare rules and regulations. On going training sessions throughout the year will help the organization operate affectively.

Conclusion

American Medical Association. (2013). Hipaa: Health insurance portability accountability act. Retrieved from http://www.ama-assn.org/ama/pub/physician-resources/solutions-managing-your-practice/coding-billing-insurance/hipaahealth-insurance-portability-accountability-act.page

Beauchamp, T., & Childress, J. (2012). Principles of biomedical ethics. (7th ed.). New York, NY: Oxford University Press.

US Department of Health and Human Services. (2013). Summary of hipaa privacy rule. Retrieved from http://www.hhs.gov/ocr/privacy/hipaa/understanding/summary/index.html

References