2. What is Confidentiality? The principle in medical ethics that the information a patient reveals to a health care provider is private and has limits on how and when it can be disclosed to a third party. The ethical principle or legal right that a physician or other health professional will hold secret all information relating to a patient, unless the patient gives consent permitting disclosure. Dorland’s Medical Dictionary for Health Consumers, 2007
3. Confidentiality Codes of Medical Ethics Hippocratic Oath “Whenever in connection With my professional practice, or not in connection with it, I see or hear in the life of men, which ought not to be spoken of abroad, I will not divulge as reckoning that all such should be kept secret”
4. Codes of Medical Ethics II International Code of Ethics “Except when obligated by the law of the country concerned, a doctor shall not disclose, without the consent of the patient, information which he has obtained in the course of his professional relationship with the patient”
5. HIPAA’s Privacy Rule Establishes standards to protect the confidentiality of individually identifiable health information used or disclosed by a covered entity in any form, whether electronically, paper-based, or verbally. Individual identifiers are patient’s name, address, telephone number, date of birth, Medicaid ID number, social security number, medical record number and employer names.
6. Confidentiality Patient’s Rights Exceptions Information released via of subpoena duces tecum A written command, signed by the clerk of courts ordering an individual to appear in court with documents Information released according to statutory reporting requirements for example: Rape Abuse Suicide threats Patients have the right to confidentiality, which is the process of keeping privileged communication secret and that means that information cannot be disclosed without the patient’s authorization.
8. Patient Consent Required Attorney’s request Employers Government agencies Health care providers that did not care to patient HIV related information Internal Revenue Service Worker’s Compensation 3rd party payers Research that includes treatment Patient or patient representative Marketing communication Law enforcement (Sp Circumstance)
9. Patient Consent Not Required Health oversight agencies for activities authorized by law Public health activities Law enforcement purposes Judicial & administrative proceedings Identification & location purposes Research purposes Food & Drug Adm. Worker’s Compensation Specialized government functions Decedents
10. (FYI) For Your Information Record storage access is limited to authorized users only Record storage access area remains locked at all times The original medical record remains in the facility at all times Only authorized users of patient information will control access to patient’s information Follow the tracking procedures to sign out patient information to authorized users
11. Protecting Confidential Information All chart handlers must sign statements agreeing to protect the confidentiality of all individuals’ medical information.
12. Breech of Confidentiality Employees found guilty of breech of confidentiality are subject to severe action, up to and including dismissal.
