Confidentiality of Health RecordsEssay Preview: Confidentiality of Health RecordsReport this essayIntroductionConfidentiality of health information is about keeping information concerning the patient with securely, so that it should not be disclosed to any other person without the patients express authority. Personal health records include all information concerning a patient which is both on paper and on computerized system. A lot of people believe that information concerning their health is very sensitive, hence require strong protection that has to be given by the law In many states protection has come from long-time laws and the old convention of patient- doctor privilege, which have been mainly used to protect health records for many years. (Campbell, 2000, pp 65-68)
ConfidentialityToday, there in an increased need for confidentiality of patients information, fear of lack of confidentiality from the patient reduces the patients frankness; this can lead to compromising the health care quality. Where as many patients have a big concern about the confidentiality of their records, and many are wronged by leaks caused by the health providers, most people still have trust with the health providers. Campbell (2000, pp 65-68) states that, health records should be kept confidential in order for patients or people to develop confidence and trust which is important for medical relationship among the health providers and the consumers. People are entitled to get health service with the knowledge that the information concerning them will be kept confidential by the service providers. However, there are some instances that that information may be disclosed. (Campbell, 2000, pp 65-68)
How information is usedCurrently, health care providers can, collect, collate, store, analyze and distribute health care records of an individual, this can be done in unprecedented magnitudes and used in diverse ways. As Lewis, et al. (2005, pp 36-41) notes, insurance firms not only do they get patient information for payments of claims, but, also use it in reviewing decisions about coverage and underwriting decisions. Employers use the health information in reducing the health care costs and workers compensation expenses, at the same time the use the information to assess and identify workers who could become costly in terms of health care in future. On the other hand, health care providers do use the information in doing research, so as to collect reimbursement, organize treatment and diagnosis, and undertake quality assurance measures and use the information top monitor other health care providers (Lewis, et al. 2005, pp 36-41). It is thus, important that health information about patients needs to be kept with confidentiality in order to avoid the information from being misused by certain persons or organizations. (Lewis, et al. 2005, pp 36-41)
Control of informationIn order to ensure that the information is kept confidentially, the laws allows people aged 14 and over to control the discharge of their medical records, if at all the do understand the way the documents are. For those who are below age 14, their parents controls any release of their health records. In a case a person is adjudicated or is incapacitated then the guardian of such a person controls the release of the medical records. In case of a deceased person, an administrator or any other person chosen by the deceased will give permission. (Lewis, et al. 2005, pp 36-41)
Circumstances where a consumer is denied access to health recordsThere are circumstances that can lead to person being denied access to his/her own health records. The consumer may be denied access to health records without review when (1); the health records were arranged in expectation of legal action against the consumer. Or (2), if the records are for a prison, and that prison authorities decides that releasing of the health records would endanger the safety, security or health of the consumer, a prison staff or another inmate. In other cases a consumer may be denied a request to access his/her records subject to assessment by another health care expert chosen by the consumers provider. This will be if the provider decides that giving the information to the consumer will most likely endanger the safety and life of the consumer or of another person. Or, if the records deals with another individual and the health provider decides that disclosing the information, will most likely lead to substantial damage to that individual. (Rada, 2003, pp 45-50)
Patients and the Medical RecordsHealth providers have a responsibility to keep the information of a patients health records with a lot of confidence. According to the law, the information concerning a patients medical records, should be released upon a written permission from the patient or from legal authorized person of the patient (Rada, 2003, pp 45-50). There are certain exceptions this law, for example, in case of communicable disease, knife/gun shot wounds, rape or substance abuse. It is significant for health providers to understand the rules and regulations that govern the disclosure of patients health records in order to avoid mistakes and errors that can occur in releasing of patients information. For instance, strict laws that restrict release of information on results of genetic
totals should be followed if it has been determined that a positive result is likely to be associated with a severe health condition. For instances like this, there are situations in which a high percentage of patients are unaware that a patient has the disease before that information is released. The first concern of health providers is that patients’ records may sometimes change in such a way that they may not see any change within a period within a physician’s time-frame. However, the public data should be released in a manner that protects the people in question from any unnecessary and unacceptable information that may become available or may happen. The third aspect of the law is a requirement that the patient is not required to use information that he or she is making public and, therefore, not subject to privacy protection. In addition, it is not permitted to use health care information that was previously available by reason of prior privacy violations and that was removed (Dudley, 2002, pp 1-4).
In order to give accurate information to the public about the conditions in a patient’s life, the medical records of hospital beds, nurse’s chairs and other medical facilities should also be released. For example, patients or family members are to be informed of new medications as an aid to prevent serious ailments, to make treatment choices based on their needs for home health or for health care needs. Also, patient information that had been withheld was returned. There have also been cases where hospitals and doctor offices had refused to release patients information, resulting in no patient’s health records being released (Miller, 1995, pp 25-26). Also, confidentiality must be maintained among all personnel, and confidentiality should be retained between patients. In some cases, it is required that an order be posted at an authorized location (e.g., a hospital) in order to protect confidentiality. As an example, some hospitals are required to give patients a separate privacy policy (Cumaronello, 1987) for all those who have been admitted to all hospitals, including those that have been closed down (Cumaronello, 1987, p 20). Finally, some hospitals also do not want all patients to be informed in private, for fear that a patient may commit criminal or other type of act with impunity. (The prohibition is in the public interest.) This makes it difficult for any hospital to provide confidentiality about information and it is also important that physicians who are not subject to confidentiality obligations should not have access to patients’ medical records.
Patients can obtain private information about their health condition freely and without being subjected to undue surveillance. Therefore, the law should protect patients’ personal information from the unauthorized disclosure to the public. This law ensures that patients’ records, as long as they have a right to it, are kept confidential and protected against the following things: (1) the misuse of a medication by one of the doctors (Cumaronello, 1987); (2) improper use of a medication by a member of the public (Papaglia, 1994); (3) misuse of a medication by others in the care of patients (Cumaronello, 1987); (4) using a prescription drug, except in accordance with the prescription medicine regulations (