Chapter05

961 views

Published on

0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total views
961
On SlideShare
0
From Embeds
0
Number of Embeds
115
Actions
Shares
0
Downloads
7
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

Chapter05

  1. 1. Chapter Five Confidentiality and the Management of Health Care Information
  2. 2. Confidentiality Respecting a patient’s confidence is an ethical duty The requirement that we respect a patient’s privacy is a legal obligation American common law provides sanctions against the unwarranted disclosure of a patient’s private affairs
  3. 3. Confidentiality – A Clear Duty The principle of confidentiality can be defended using any of the decision-making formats: Utilitarian defense Duty defense Virtue ethics defense
  4. 4. Confidentiality – A Principle with Qualifications Consider the Prosenjit Poddar case: To whom did the practitioners owe a duty, to their real patient, or to the potential victim? Harm principle Was the court decision right? Legal reporting requirements
  5. 5. Confidentiality – A Principle with Qualifications (continued) Legal reporting requirements: Child abuse Drug abuse Communicable disease Injuries with guns or knives Blood transfusion reactions Poison and industrial accidents Misadministration of radioactive materials
  6. 6. Confidentiality in Modern Health Care Modern health care creates a “right to know” and “legitimate interest” situation for many outside the direct patient care service
  7. 7. Confidentiality in Modern Health Care (continued) Modern information technology creates multiple avenues for information acquisition, making security a real problem Has modern health care made the principle of confidentiality a “decrepit concept?”
  8. 8. HIPAA Legislation and Requirements Health Insurance Portability and Accountability Act Dual goals for HIPAA legislation Highlights of legislation: Consumer control over health information Rules for medical record release and use Increased security of personal health information
  9. 9. Human Subject Research Goals Basic principles involved Patient benefit/risk calculations: Sound design minimizes risk Risks are reasonable in relation to benefit Subject selection equitable
  10. 10. Human Subject Research (continued) Patient benefit/risk calculations (continued): Informed consent Appropriate monitoring Privacy and confidentiality protection A problematic past Review Jewish secretary case
  11. 11. Human Subject Research (continued) IRB – foundational materials: Nuremberg Code of 1947 Helsinki Declaration of 1964 The Belmont Report of 1979 U.S. Department of Health and Human Services Title 45 of 2001
  12. 12. Key Concepts Modern health information data systems threaten to undermine principle of confidentiality Legitimate interest guide Duty to warn
  13. 13. Key Concepts (continued) HIPAA legislation: Cost containment Protection of privacy Legal reporting requirements: Child abuse Drug abuse Communicable disease
  14. 14. Key Concepts (continued) Legal reporting requirements (continued): Injuries with guns and knives Blood transfusion reactions Poison and industrial accidents Misadministration of radioactive materials

×