The Health Insurance Portability and Accountability Act (HIPAA) privacy rule, however, defers to state and other federal applicable laws about disclosure of protected health information for unemancipated minors that may allow health care providers discretion regarding parental or guardian access to a minors protected health information 15. Retrieved November 15, 2019. According to Farnan et al (2013), privacy should always be guaranteed even if there will be no any form of embarrassment or any kind of harm. Duty to warn cases focus on (1) the seriousness of the threat of harm and (2) the identifiability of the victim (whether there is a specific individual at risk). There should be private conversation time between the health care provider and adolescent patient. Emancipation: A legal procedure whereby minors become legally responsible for themselves, and their parents or guardians are no longer responsible (financially or otherwise). J Adolesc Health 2007;40:21826. In the event that an individuals personal health information is disclosed for example to the insurer, family members, or family members; this may lead to stigma, discrimination, and also embarrassment. BMJ Open 2016;6:e010034. Recently, however, there have been some concerns raised about such databases, especially when the information can be linked to individuals (in other words, it is not completely anonymous) or it is stored electronically without adequate security. In these cases, obstetriciangynecologists and other health care providers should be cognizant of alternative ways to share information with the adolescent if coercion to access the adolescents login information is suspected. The maintenance of patient confidentiality may be affected by the widespread adoption and integration of electronic health records (EHRs) in clinical care, which may necessitate a closer evaluation of the unique challenge this presents for providers of adolescent health care. There are many aspects of our lives that are available for anyone to access, and yet most people are either unaware of these possibilities, or unconcerned with this loss of confidentiality. An Electronic Health Record, or EHR, is a resource growing more widely used in hospitals, clinics, and healthcare practices across the country.Rather than relying on paper-based documents, more healthcare professionals are transitioning to rely on digital collection of patient information in a format that can be stored of hard storage and Ethics Of Confidentiality In Health Care Lehrer JA, Pantell R, Tebb K, Shafer MA. The network of participating doctors and hospitals. 26th January 2022 Tech Digest Correspondent Health. Con: Healthcare data security concerns Patient portals, generally speaking, are a health IT interface on which patients can view their own protected health information (PHI). It is unclear how this issue affects confidentiality, and, many states have been hesitant to extend such a duty to health professionals. See Box 1 and ACOG Committee Opinion No. Available at: Anoshiravani A, Gaskin GL, Groshek MR, Kuelbs C, Longhurst CA. Therefore, they There are numerous reasons for ensuring that there is protection of the privacy, security, and confidentiality of the health information. Abstract. All of the different ways of conceptualizing confidentiality include exceptions, allowing disclosure under certain circumstances or to particular agencies. Committee on Adolescence, Council on Clinical and Information Technology. Quality healthcare services: The US has modern medical equipment and ensures citizens are able to get quality medical care. Recent years have muddied our understanding of medical confidentiality. Obstetriciangynecologists should not misinterpret consent required to provide health care services with consent required to provide education and counseling; that is, even when consent is required by a parent or guardian for provision of contraception, an obstetriciangynecologist may still provide counseling about contraceptive options. The American College of Obstetricians and Gynecologists has neither solicited nor accepted any commercial involvement in the development of the content of this published product. What Is Supplemental Disability Insurance? The pros and cons of TriTerm Medical insurance For example, according to the medical ethics scholars Tom Beauchamp and James Childress, confidentiality protections can be justified using three types of arguments: Interestingly, none of these philosophical arguments suggests that confidentiality should not be breached under certain circumstances. Patient access varies widely across institutions and by the type of EHR used by the health care provider. Confidentiality for adolescents accessing health care is complex, and concerns about lack of confidentiality can be a barrier to receiving appropriate care 2 3. Parent or guardian access to the patients visit notes through the electronic patient portal poses the potential that confidential and sensitive information may be accessed, resulting in a breach of confidentiality and potentially adverse outcomes for the adolescent patient. The bottom line is that not all information, even medical information, is automatically granted legal protection from disclosure: only information that is particularly sensitive is protected (and even sensitive information may be disclosed under certain circumstances). Online therapy, also known as teletherapy, virtual therapy, or internet/online counseling, among other names, rapidly expanded during the COVID-19 pandemic, and it continues to grow. Often, the behavior is not disclosed to parents or guardians. Electronic Health Records of Patients in Hospitals: 2. Medicare is often a target when politicians seek a quick way to cut costs. Ensure compliance by their workforce. The maintenance of patient confidentiality may be affected by the widespread adoption and integration of EHRs in clinical care, which may necessitate a closer evaluation of the unique challenge this presents for providers of adolescent health care. The ACOG policies can be found on acog.org. Confidentiality refers to protection of privileged and private information shared during a health care encounter and in medical records that document the encounter 1. Many institutions struggle to meet the current standard for providing access to and maintaining the confidentiality of sensitive portions of the medical record as required by the Centers for Medicare and Medicaid Services 4. Obstetriciangynecologists and other health care providers should be active in educating their staff and patients regarding the confidentiality of services. Obstet Gynecol 2020;135:e4350. ACOG Committee Opinion No. J Pediatr Adolesc Gynecol 2017;30:17683. Did you know that according to the Social Security Administration, 1 in 4 of todays 20-year-old Americans will become disabled before age 67?1 HealthMarkets can help you find a health plan should a serious condition leave you unable to work. WebPros of Confidentiality in Healthcare: Encourages patients to seek care: Confidentiality helps build trust between patients and healthcare providers, which may encourage patients to However, during this era of socialized medicine, it would not be prudent to keep some of the health information about health (Klein,2011). All rights reserved. The second issue, which stems from the first, is under what circumstances confidentiality should be broken. Advantages of Medical Technology in Healthcare: 1. Offering clinician note feedback. In certain instances, specific billing modifiers used with preventative services provided under the Patient Protection and Affordable Care Act will generate nonitemized explanation of benefits statements. WebThe Cons Confidentiality and the institution of HIPAA hasnt been all positive. Blythe MJ, Del Beccaro MA. Fidelity-based confidentiality suggests that physicians have an obligation not to disclosure information shared with them in their medical role. In Tarasoff, a patient informed his therapist of his intention to kill a young woman. A 2016 study demonstrated that, when given the opportunity, adolescents use of EHRs afforded enhanced medical care and, although they accessed the portal less for laboratory results, appointments, or prescriptions, adolescents did engage in frequent confidential communications with their health care providers through patient portals 4. Society for Adolescent Health and Medicine. 409 12th Street SW, Washington, DC 20024-2188, Privacy Statement Douglas and colleagues article discusses the wider health effects of the pandemic response.1 There is, however, one matter that hasnt been discussed in any media at allthe frequent breach in confidentiality. Marcell AV, Burstein GR. Confidentiality protections for adolescents and young adults in the health care billing and insurance claims process. Should a doctor disclose to a patients family members the fact that the patient carries a gene for cancer or Alzheimers disease? The United States continues to move toward a nationwide health information network that will allow health care providers to obtain quick access to patient medical information through EHRs. It is helpful to conduct staff sensitivity training on the following topics: Comfort with issues regarding adolescent sexuality, Knowledge about confidentiality issues, including state and local laws, How to provide relevant information to parents or guardians and patients about private conversation time with the adolescent patient and obstetriciangynecologist, How to identify appropriate contact information for the adolescent patient (eg, personal cell phone) and parents or guardians for future follow-up, How to set up a code word to ensure the identity and security of the adolescent patient, Comfort with lesbian, gay, bisexual, transgender, or questioning (LGBTQ) issues and pronoun (she, he, they) usage. One of the biggest problems in confidentiality protections is the lack of clarity about when patient confidentiality can be breached. When feasible, obstetriciangynecologists and other health care providers should work with government agencies and legislative bodies to eliminate or mitigate the effect of laws that unduly restrict confidential health services for minor adolescents. At the initial visit, the obstetriciangynecologist should discuss the following issues with the parent or guardian and the patient: 1) the meaning and importance of confidentiality; 2) the scope of confidentiality protection; and 3) the limitations of confidentiality 1. Similar recommendations are supported by the American Academy of Pediatrics and the Society for Adolescent Health and Medicine 18. Ensuring the confidentiality and security of patients data is primordial to the Do not include specific laboratory data or counseling in after-visit summaries. you may experience negative reactions ranging from maltreatment to a breach of confidentiality and even to unfair dismissal. There is little to no control over income distribution. WebIn general, [a] covered health care provider [with a direct treatment relationship] must obtain the individuals consent,prior to using or disclosing protected health information to carry out treatment, payment, or health care operations. (See section [] 164.506, 65 Federal Register [F.R.] This essay examines the pros and cons of the confidentiality, safety, rights, and the security of patients in an era of increased socialized medicine. Although there are multiple benefits of EHRs, these benefits may conflict with the protection of confidentiality. Introduction An example of how to address this request: the health care provider can review the record to ensure there is no violation of confidentiality (eg, information on sexual activity, STI screening, or gender identity) and then contact the patient directly to make sure that the patient approves of the information contained before its release.