pros and cons of confidentiality in healthcare

pros and cons of confidentiality in healthcare

Pros: Salaries might be lower than in other practice settings, but there are often added benefits, including more time off and better retirement options. Marcell AV, Burstein GR. Annals of internal medicine, 158(8), 620-627. Obstetriciangynecologists should make clear to the patient what limitations, if any, exist in the EHR system. 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. Flag a portion of the visit note as confidential in order for those sections to be omitted from access by a parent or guardian. But what if a patient threatens suicide? Adolescents often have questions or concerns that they may feel embarrassed to talk about in front of their parents or guardians. The immediate occasion is 2009, which is shown through the copyright year or the year of Ererere. Identify and protect against reasonably anticipated threats to the security or integrity of the information. Measures to ensure protection will vary based on the EHR system capabilities and institution-specific policies. Security measures and enhanced EHR standards should be adopted at the systems level to prevent breaches of patient confidentiality. So there are a couple of questions that are up for debate. This is because; if an individuals privacy is not protected or guaranteed, people find it hard to give complete and candid information about their health even to their own personal physicians leave alone to the insurer. Being aware of alternate health care referral centers for free or substantially decreased costs may be of benefit for the adolescent if there is a risk of billing disclosure. The other advantage for concealing health information to the service provider may end up being detrimental to the patient. The most obvious examples of public health concerns outweighing individual rights to confidentiality are from contagious disease cases. Additionally, they should be informed of any restrictions to the confidential nature of the relationship. Patients should have autonomy regarding parent or guardian presence during examination, but a parent or guardian should not take the place of a chaperone 12. 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. My first patient living with HIV came to me when I was a new nurse in a Chicago hospital. Abstract. (Eds.). Because It Works, Nature Documentaries Could Help Save the Planet, Use of this site is your Agreement to the Terms. On the other hand, in contrast to other definitions, the AMA immediately recognizes a number of exceptions to confidentiality, which include reporting of threats to inflict serious bodily harm on others, certain communicable diseases, and gunshot wounds or knife wounds. Private information, especially if identifiable, should only be disclosed to the third party with the consent of the patient. Some states have statutes that require reporting of abuse of hospital patients or long-term care patients, elder abuse, spousal abuse, and domestic abuse. Contradictory viewpoints. Read terms, Number 803 (Replaces Committee Opinion Number 599, May 2014). Generally, parents or guardians and adolescents should be informed, both separately and together, that the information each of them shares with the health care provider will be treated as confidential. This may mitigate the intimidation some patients may experience from parents or guardians. Ability to share health information with family members and other relevant clinicians. 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. The right of a mature minor to consent to medical care without previous parental or guardian consent has been recognized in many states.*. Confidentiality extends beyond reproductive health for minors. People could make long-term plans in a more profound manner. J Adolesc Health 2004;35:1607. Many Definitions of Patient Confidentiality, When You Cannot Expect Medical Information to Remain Confidential. The overall goal of big data in healthcare is to use predictive analysis to find and address medical issues before they turn into larger problems. Knowing what confidentiality laws in your area cover can help you make informed decisions about how your information is shared. Journal of the American Academy of Psychiatry and the Law Online, 39(4), 571-578. Many people are familiar with the idea of confidentiality as an integral part of the professional code of ethics in the legal, medical, and mental health fields. Adolescents face considerable potential harms to their health from mental health disorders, interpersonal violence, substance use, and unprotected sexual activity. There should be private conversation time between the health care provider and adolescent patient. The U.S. Supreme Court has stated that "disclosures of private medical information to doctors, to hospital personnel, to insurance companies, and to public health agencies are often an essential part of modern medical practice." But genetic information does have implications for the health of blood relatives. Gray SH, Pasternak RH, Gooding HC, Woodward K, Hawkins K, Sawyer S, et al. Report confidentiality breaches to collaborative relationship to better protect the public health, safety and welfare. An email address may be helpful for contacting the patient. Disclosing this information would prolong his or her life, but it might also prolong suffering. 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. Implement systemwide changes: train front desk personnel and medical staff who work with EHRs and answer office phone calls to be aware of and advocate for the confidentiality of adolescent patients as they transition into the adult health care system Box 3. In Tarasoff, a patient informed his therapist of his intention to kill a young woman. In order to ensure the privacy of the adolescent is not violated under HIPAA, obstetriciangynecologists and other health care providers should educate their patients about what information is released when a request or release of records is sent to a health care provider, including if a parent or guardian requests a release of information or a patient requests a release to the parent or guardian. Insurance companies may provide their policyholders discounted medical treatment by entering into agreements with doctors' offices and hospitals. J Pediatr Adolesc Gynecol 2017;30:17683. (2009). For additional quantities, please contact [emailprotected] The bill consists of 11 sections and was created as a reaction to high numbers of fraud and business misbehavior in major US corporations. In the former situation, liability may be imposed for failing to disclose. One of the biggest problems in confidentiality protections is the lack of clarity about when patient confidentiality can be breached. Review individual cases and provide proxy access for parents of adolescent patients with disabilities when appropriate. WebConfidentiality covers all medical records (including x-rays, lab-reports, etc. The Importance of Supplemental Disability Insurance. State laws typically either address the type of information (usually based on disease or illness) or the entity holding the information (such as government agencies), or both. This information should not be considered as inclusive of all proper treatments or methods of care or as a statement of the standard of care. 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. If the EHR system does not allow for procedures to maintain adolescent confidentiality, the obstetriciangynecologist or staff should inform the patient that parents or guardians will have access to the records, and the patient should be given the option of referral to a health care provider who is required to provide confidential care. However, there may be substantial cost to these safeguards, and constant reevaluation of protection is imperative. Available at: English A, Bass L, Boyle AD, Eshragh F. State minor consent laws: a summary . Sexual and reproductive health care services in the pediatric setting. Its value also sabotages any effort to solve financing problems. Offering clinician note feedback. In other words, socialized medicine is one of the many forms of social insurance. 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). Technology Improving Healthcare in Hospitals: 4. However, during this era of socialized medicine, it would not be prudent to keep some of the health information about health (Klein,2011). Leawood, KS: AAFP; 2018. Breaching an individuals confidentiality and privacy do not only affect an individuals dignity, and might as well cause harm (Gostin, Levit & Nass, 2009). They are of the argument that privacy is in itself objectively valuable, as an important component of human well-being. 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. Social media and health care professionals: benefits, risks, and best practices. 803. Protecting confidential health services for adolescents and young adults: strategies and considerations for health plans . Only individuals who are legally authorized to have access to patient data for a legally permissible purpose should be given access to patient But these safeguards must be designed to achieve a balance between protecting confidentiality and the need to share information in order to need to treat patients, assure quality health care, and conduct research that will lead to health advances. If, after counseling, the patient refuses the chaperone, this decision should be respected and documented in the medical record 11. Providing alone time, apart from a parent or guardian, for discussion between the adolescent patient and health care provider is an important aspect of the health care visit 5. 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). Therefore, they As a last resort, the health care provider should consider referral if confidential care cannot be provided. Although most State confidentiality protections vary widely. WebHere are some pros and cons to think through before you discuss your HIV status. Webthe confidentiality of adolescents health care in-formation are fundamentally necessary to allow health care professionals to provide appropriate health care to adolescents and Limiting parental or guardian access to information about certain personal issues such as sexuality, substance abuse, and mental health concerns allows adolescent patients to be more comfortable talking with their health care providers about these issues. Pediatrics 2012;130:98790. The American College of Obstetricians and Gynecologists encourages obstetriciangynecologists and other health care providers to ensure that their existing EHR systems protect the confidentiality of minor patients, including any OpenNotes features. Often her small private room was crowded with family, friends, and loved ones. WebConfidentiality refers to protection of privileged and private information shared during a health care encounter and in medical records that document the encounter 1. For products jointly developed with other organizations, conflict of interest disclosures by representatives of the other organizations are addressed by those organizations. A survey of a large hospital corporation in London found that Another problem, however, On the other hand, the social health insurance is defined as those systems whereby which people transfer their financial risk of medical bills to a risk pool. While gaining the adolescents trust, we still encourage them to discuss issues with their parents or guardians. Confidentiality refers to protection of privileged and private information shared during a health care encounter and in medical records that document the encounter 1. Did you know that according to the Social Security Administration, 1 in 4 of todays 20-year-old Americans 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. Wearable Technology: Disadvantages of Medical Technology in Healthcare: 1. These unique issues include: The diversity of stakeholders. Ensuring privacy will also guarantee proper communication the patient and the physician; this is quite important as it will ensure provision of quality of care, improved autonomy, prevention of economic harm, discrimination and also an embarrassment. 2023 My Superior Paper. Knowing what confidentiality laws in your area cover can help you make informed decisions about how your information is shared. Confidentiality protections for adolescents and young adults in the health care billing and insurance claims process. Universal healthcare can increase overall life expectancy. Ethical theories provide many different ways to view confidentiality laws. This is due to the fact that if the doctor might not be able to offer the right care to the patient. My patient was a petite woman in her mid-forties with long dark hair. Rights-based theory states that patients have a right to control how their medical information is used. How do we weigh the pros and cons of sharing personal health information with others in the medical community and with the government? Because research allows better treatments to be developed and in this way serves the general public, it seems reasonable that disclosure should be permissible under certain circumstances, provided that individuals have the option of remaining anonymous. Most EHRs have the capability for patients to view any combination of appointments, medication lists, allergies, most recent vital signs, laboratory values, health care provider notes, and communication between patient and health care provider. Legal Restrictions and Terms of Use: Available at: https://www.guttmacher.org/state-policy/explore/overview-minors-consent-law. The privacy rule, which is based on requirements contained in HIPAA, provides protection against parents or guardians access to protected health information for the following circumstances: adolescents aged 18 years and older; emancipated minors; minors who can legally consent to services or receive services without parental or guardian consent or notification according to state or other applicable law; or when a parent or guardian assents to an agreement of confidentiality between the minor adolescent and health care provider. J Adolesc Health 2014;54:48790. Get Your Custom Essay on, The Pros and Cons of the Confidentiality of Patients in an Era of Increased Socialized Medicine. Neither of these survey types is best for every use case your organization has its own specific needs.For analysis of, say, a rapid one-off poll to help you identify and improve an aspect of a product or service, an anonymous survey is sometimes all you need.. When doctors share visit notes with patients: a study of patient and doctor perceptions of documentation errors, safety opportunities and the patient-doctor relationship. National Academies Press. Statutes on the rights of minors to consent to health care services vary by state, and obstetriciangynecologists and other health care providers should be familiar with the regulations that apply to their practice. It builds trust: Experimenting with a range of behavior is common among adolescents and young adults. 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). WebInformed consent in medical ethics is commonly viewed as the key to respecting patient autonomy. Obstetriciangynecologists who treat adolescent patients should provide resources for parents and caregivers and encourage continued parental involvement 10. (2011). It is not intended to substitute for the independent professional judgment of the treating clinician. Only a few states have comprehensive confidentiality laws, and many states control disclosure of health information through a combination of statutes addressing everything from particular disease information to autopsy records. (Health care providers should be cognizant of potential coercion by parent or guardian to maintain access.). Online Therapy: Security, Ethics, and Legal Issues. Confidentiality laws regarding medical information are currently undergoing changes at both the state and federal levels. The first is how to define confidentiality, since there are many different types, with different objectives at heart. Cons: Physicians have less autonomy and less continuity with patients. Having a physician or other health care provider advocate may be helpful to explore system limitations and to provide support for an adolescent-friendly EHR system, if possible. The ACOG policies can be found on acog.org. Lehrer JA, Pantell R, Tebb K, Shafer MA. Similar caution should be assumed when releasing information to other health care providers. Shared decision making between patient, parent or guardian, and health care provider, when possible, is the goal in order to optimize the adolescents medical care 13. Can be especially important for children. WebData access limitations. Telehealth refers to providing healthcare services outside the bounds of a Reduction in Medical Errors: 5. Pros: Salaries might be lower than in other practice settings, but there are often added benefits, including more time off and better retirement options. Obstetriciangynecologists are encouraged to know their individual systems and institutional policies regarding confidentiality, EHRs, patient portals, and the open access for visit notes. Ventola, C. L. (2014). Protection of privacy also ensures that the societal values are also protected. When going for the socialized medicine, an individual is required to give his or her personal health records. Similar issues apply to postmortem disclosure. Emancipation: A legal procedure whereby minors become legally responsible for themselves, and their parents or guardians are no longer responsible (financially or otherwise). Sexual misconduct. WebPro 2 Instituting a right to health care could lower the cost of health care in the United States. Jessica Wilen Berg is Professor of Law and Bioethics, Case Western Reserve University's School of Law and at the Department of Bioethics, Case Western Reserve School of Medicine, Cleveland, OH. Bulk pricing was not found for item. For products jointly developed with other organizations, conflict of interest disclosures by representatives of the other organizations are addressed by those organizations. Cons: A single-payer system can be more costly, as it allows doctors and health care facilities to negotiate the terms of their contracts. No part of this publication may be reproduced, stored in a retrieval system, posted on the internet, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without prior written permission from the publisher. Don't use plagiarized sources. If a patient declines a chaperone, it should be explained that the chaperone is an integral part of the clinical team whose role includes assisting with the examination and protecting the patient and the physician. WebHere are some Pros and Cons of personal health records: Pros: Correction of medical errors within the medical record was possible Patients had a broader knowledge base of their health concerns and decreased utilization of healthcare services Opportunities were provided for increased effective communication between patients and physicians Obstet Gynecol 2020;135:e1717. Most EHRs were not designed to provide item-specific control over parental or guardian access and release of adolescent health care information. Its just a matter of figuring out under what circumstances disclosures should occur. Adolescents should be made aware of specific instances when private information may be disclosed, such as suicidal or homicidal ideation or acts, life-threatening drug misuse, and an eating disorder causing bodily harm 1. New England Journal of Medicine, 361(21), e46. 3rd ed. Chapel Hill (NC): Center for Adolescent Health and the Law; 2010. WebPros of Confidentiality in Healthcare: Encourages patients to seek care: Confidentiality helps build trust between patients and healthcare providers, which may encourage patients to

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