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5 pages/β‰ˆ1375 words
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5 Sources
Style:
APA
Subject:
Health, Medicine, Nursing
Type:
Essay
Language:
English (U.S.)
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Total cost:
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Topic:

Patient Confidentiality and the HIPAA Rule

Essay Instructions:

Textbooks-
“The following is a list of the readings for Week 5 of this course:
1.    AMA, Patient Confidentiality
2.    Bradshaw v. Daniel
3.    Summary of the HIPAA Privacy Rule
4.    HIPAA Breach Notification Rule
5.    I.S. v. Washington University”
• Week 5: Tutorial Questions
Questions:
TQ 5.1: Patient Confidentiality Overview: What constitutes a breach of patient confidentiality? What are some of the
key exceptions to the requirement to protect patient confidentiality?
TQ 5.2: Bradshaw v. Daniel: Under what circumstances do providers have a duty to breach confidentiality to warn a third
party about a patient’s medical condition? Is the duty to warn limited to patients with contagious diseases?
TQ 5.3: Summary of the HIPAA Privacy Rule: What is PHI? What is a covered entity? What is a business associate?
What is an authorization? What is the “minimum necessary” requirement? What is the difference between a “permitted”
and an “authorized” use or disclosure?
TQ 5.4: HIPAA Breach Notification Rule: (1) In one sentence, summarize the basic purpose of the HIPAA breach
notification rule. (2) What do you think is the rationale behind the three exceptions to the definition of “breach”? In other
words, why shouldn’t these circumstances trigger the usual notification requirement?
TQ 5.5: I.S. v. Washington University: What was the plaintiff’s cause of action in this case? In what way was HIPAA
relevant to the case
Instructions for responses to the Tutorial Questions are available on the Course Information page.
For grading information, please see the Tutorial Question rubric in the Assessment Rubrics menu.
Week 5: Discussion Board Question 1
Week 5: Discussion Board Question 1
Questions:
DQ 5.1: In a case like Bradshaw, it is easy to understand the logic behind requiring the physician to inform third parties at
risk of contracting a deadly contagious disease. But what about a case involving a more stigmatizing medical diagnosis?
For example, if a provider discovers that a patient is HIV-positive, should the provider ever be required to disclose this fact
to the patient’s spouse? What are the strongest arguments in support of and against requiring disclosure in this situation?
Instructions for responses to the Discussion Questions are available on the Course Information page.
For grading information, please see the Discussion Question rubric in the Assessment Rubrics menu.
Week 5: Discussion Board Question 2
Week 5: Discussion Board Question 2
Questions:
DQ 5.2: Please read the news report Flint family says HIPAA laws left them in the dark about dangerous relative - until it was too late and then answer the following questions: Is it true that HIPAA prevented Cassie's physicians from warning her relatives? How would you advise physicians to handle situations like this in the future? Is existing DHHS guidance on these issues adequate?
Instructions for responses to the Discussion Questions are available on the Course Information page.
For grading information, please see the Discussion Question rubric in the Assessment Rubrics menu.

Essay Sample Content Preview:

Tutorial and Discussion Questions
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Institutional Affiliation
Course Details
Instructor's Name
Due Date
Tutorial and Discussion Questions
TQ 5.1: Patient Confidentiality Overview
Patient confidentiality is one of the foundations upon which modern medical practice is built. All physicians and healthcare providers, by virtue of their training and licensure, are required to ensure that patient information remains confidential and private. Patients entrust their honesty and frankness with doctors because they believe that honest conversations will allow for better diagnoses and possible solutions to problems that may arise (Kornblum, 2021). In the past, issues with patient confidentiality have led to major malpractice lawsuits and settlements. In today's world, many patients are justifiably concerned about their privacy and reluctant to provide sufficient information to doctors unless they are assured of absolute privacy.
Patient confidentiality also is mandated by law. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) provides requirements for organizations involved in healthcare (health plans, covered health providers, clearinghouses, etc.). HIPAA protects patient health information in the conduct of their business by requiring appropriate safeguards so that patient information is not improperly disclosed. The U.S (Kornblum, 2021).
A breach of patient confidentiality is constituted by any action or inaction by a healthcare provider that discloses to any third party (including an unauthorized person) without the patient's authorization or consent: (1) the fact that a patient has received, is receiving, or has received services from a healthcare provider; (2) information relating to the mental condition of the patient unless it is essential to the purpose for which it was disclosed; and/or (3) information acquired in the course of treatment by a health provider (Kornblum, 2021). This means that, in addition to other actions related to breach of confidentiality, an action must be taken against a physician when they disclose protected information on themselves as well.
The key exceptions to the requirement to protect patient confidentiality are as follows:
1 Health care providers are allowed to disclose protected information to others if they provide the following actions: a request, consent, referral, or treatment from the patient; an emergency situation; legal action or proceedings; a proceeding before an administrative tribunal; and certain judicial proceedings (Kornblum, 2021).
2 Patient consent is not required for healthcare providers to perform certain acts such as providing immunizations or providing emergency treatment (e.g., when a patient has collapsed and is unconscious).
3 Medical staff members (i.e., employees of a health care provider) are allowed to disclose protected information in the course of employment for purposes such as evaluation, planning, and management (Kornblum, 2021).
4 Information that may be disclosed without violating confidentiality includes: aggregate statistics; information available to the public through other sources; warnings about potential harm from products or activities if the patient is using a product or engaging in an activit...
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