pros and cons of confidentiality in healthcare
Get Your Custom Essay on, The Pros and Cons of the Confidentiality of Patients in an Era of Increased Socialized Medicine. Second, we want to make sure that they have had the opportunity to learn to talk with a doctor by themselves so that when they are young adults, they are prepared to communicate and advocate for what they need. Should a doctor disclose to a patients family members the fact that the patient carries a gene for cancer or Alzheimers disease? She had been admitted with HIV-related complications from pneumonia. Confidentiality laws regarding medical information are currently undergoing changes at both the state and federal levels. Any concerns the patient has regarding the presence of a chaperone should be elicited and addressed if feasible. 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. 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. When going for the socialized medicine, an individual is required to give his or her personal health records. Online Therapy: Security, Ethics, and Legal Issues. 587. People would have to worry less about their future. There is little to no control over income distribution. Obstet Gynecol 2018;132:e21320. 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. The Pros of Using AI. AI can be used for diagnostics, helping Do not share any client information on social media sites. 4. Leaving out details when you post information or images does not protect client confidentiality. We want to work with you to help your adolescent make the best choices for a healthy future. My first patient living with HIV came to me when I was a new nurse in a Chicago hospital. What is managed Care One form of medical coverage is the managed-care plan. Additionally, they should be informed of any restrictions to the confidential nature of the relationship. Identify the adolescents cell phone number at check-in (in addition to collecting the parent or guardians cell phone number). 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. WebPros of Confidentiality in Healthcare: Encourages patients to seek care: Confidentiality helps build trust between patients and healthcare providers, which may encourage patients to New York, NY: Guttmacher Institute; 2019. The ACOG policies can be found on acog.org. 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. Ford C, English A, Sigman G. Confidential health care for adolescents: position paper for the Society for Adolescent Medicine. Similar caution should be assumed when releasing information to other health care providers. Protect against reasonably anticipated, impermissible uses or disclosures. 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 who treat adolescent patients should provide resources for parents and caregivers and encourage continued parental involvement 10. Hospitals and office-based systems that currently use or are initiating OpenNotes should take steps to ensure that adolescent confidentiality is protected. In as much as it is the right of the patient to keep his or her health information private, it is prudential for the person to consider that this would interfere with his or her health (Ventola, 2014). WebPeople may get a higher feeling of security. An email address may be helpful for contacting the patient. The bill consists of 11 sections and was created as a reaction to high numbers of fraud and business misbehavior in major US corporations. If, however, you plan to take detailed actions based on Optimally, obstetriciangynecologists should ensure that medical record information, including EHR information, for care provided under minor consent or mature minor provisions is considered confidential and should not be disclosed to parents or guardians without adolescent consent. American College of Obstetricians and Gynecologists The most obvious benefit of utilizing AI technology is its ability to improve patient experiences. Use of chaperones during the physical examination of the pediatric patient. Guttmacher Institute. The following are examples of how some institutions have provided protection to adolescents; they are not applicable to all institutions or systems: For patients ages 1217-years old, manage or restrict parental or guardian access to provider notes. 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. American College of Obstetricians and Gynecologists. There are many distinct conceptions of individual autonomy in circulation, and even more views of the value and importance of these various conceptions. J Adolesc Health 2016;58:3747. J Adolesc Health 2014;54:48790. Additionally, they should be informed of any restrictions to the confidential nature of the relationship. 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.] There are some problems with paper medical records. It is important to note that the EHR for general health care visits may contain information pertaining to care, such as a social history or sexual behavior history, that was provided under minor consent or mature minor provisions. Whether or not to disclose personal medical information is often said to be a balancing act between the benefits of keeping confidentiality and the benefits of waiving it. For products jointly developed with other organizations, conflict of interest disclosures by representatives of the other organizations are addressed by those organizations. Any potential conflicts have been considered and managed in accordance with ACOGs Conflict of Interest Disclosure Policy. 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. The sharing of medical information is one of the most complicated areas, and most patients are not even aware of the extent to which information about their care is shared within a hospital setting. Confidentiality protections for adolescents and young adults in the health care billing and insurance claims process. Conclusion Neither ACOG nor its officers, directors, members, employees, or agents will be liable for any loss, damage, or claim with respect to any liabilities, including direct, special, indirect, or consequential damages, incurred in connection with this publication or reliance on the information presented. There should be private conversation time between the health care provider and adolescent patient. J Adolesc Health 2019;64:3118. Because It Works, Nature Documentaries Could Help Save the Planet, Use of this site is your Agreement to the Terms. Legal Restrictions and Terms of Use: J Pediatr Adolesc Gynecol 2017;30:17683. Lehrer JA, Pantell R, Tebb K, Shafer MA. WebConfidentiality refers to protection of privileged and private information shared during a health care encounter and in medical records that document the encounter 1. 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. 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). Miscommunication during handovers can lead to unnecessary This can actually slow their recovery. Committee on Adolescence. 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. ACOG Committee Opinion No. Sarbanes-Oxley Act of 2002 is a law enacted by US congress in July 30, 2002. New England Journal of Medicine, 361(21), e46. According to a study from the University of Massachusetts at Amherst, under a single-payer system, in which all citizens are guaranteed a right to health care, total public and private health care spending could be lowered by up to $1.8 trillion over the next 10 New York, NY: Guttmacher Institute; 2019. Since its much easier and faster to access patient details and history through an electronic health record, its also much easier to immediately place imaging and laboratory work orders. WebThe uniqueness of HIEs-structures, relationships, funding, and authority-adds new complexities to the familiar issues of privacy, confidentiality, security, and information use. The most obvious benefit of utilizing AI technology is its ability to improve patient experiences. The problem is that personal information (which is whats at stake with medical confidentiality) is not protected at law in the same way ones home or bodily integrity is protected. The average increase in per-patient charges is $11.09 and patient collections have increased by $11.48 on average. 4. 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. The most obvious benefit of utilizing AI technology is its ability to improve patient experiences. This article will explore how confidentiality should be conceived and if and when it should be broken. A Story of Ethics and HIV Disclosure. Society for Adolescent Health and Medicine. Fidelity-based confidentiality suggests that physicians have an obligation not to disclosure information shared with them in their medical role. Improving patient Another problem, however, is what to do regarding the patient who has discovered a breach of confidentiality. During this era of socialized medicine, there are both pros and cons of confidentiality, rights, safety, and the security of the patients. Beyond the HIPAA privacy rule: enhancing privacy, improving health through research. Forgone health care among U.S. adolescents: associations between risk characteristics and confidentiality concern. Beth Israel Deaconess Medical Center, Harvard Medical School. The American College of Obstetricians and Gynecologists recommends that a chaperone be in the room during the physical examination, as well as during diagnostic studies such as transvaginal ultrasonography 11. Alderman EM. Similar issues apply to postmortem disclosure. As adolescents navigate this important developmental period, obstetriciangynecologists should engage with them and promote best practices that protect adolescents vulnerability and assist them in developing autonomy. 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.American College of Obstetricians and Gynecologists 409 12th Street SW, Washington, DC 20024-2188Confidentiality in adolescent health care. Not socialized medicinean Israeli view of health care reform. Washington, DC: NIHCM; 2011. Thompson LA, Martinko T, Budd P, Mercado R, Schentrup AM. 803. There 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. WebPros And Cons Of Sarbanes-Oxley Act Of 2002. 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. American College of Obstetricians and Gynecologists. Although many genetic traits may be passed on to ones children, they clearly are not transmissible in the same way as contagious diseases and thus do not exactly fit under a discussion of public health concerns. In some states, physicians may experience serious disciplinary action for revealing a minors confidential sexual information. Offering clinician note feedback. Leawood, KS: AAFP; 2018. Technology Improving Healthcare in Hospitals: 4. 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 network of participating doctors and hospitals. Insurance companies may provide their policyholders discounted medical treatment by entering into agreements with doctors' offices and hospitals. An EHR makes it much easier for a medical practice to track a charge for each procedure performed. Similar recommendations are supported by the American Academy of Pediatrics and the Society for Adolescent Health and Medicine 18. 4th ed. The other advantage for concealing health information to the service provider may end up being detrimental to the patient. These are the kinds of questions that are important to consider, and difficult to answer using legal theories of confidentiality. Ethical theories provide many different ways to view confidentiality laws. Explanation of benefits statements (health care billing and insurance claims sent by insurance carriers) are an additional challenge to confidentiality. It builds trust: Experimenting with a range of behavior is common among adolescents and young adults. Can be especially important for children. Developments in technology have challenged our traditional understanding of "personal" information and privacy. Mature minor: An adolescent younger than the age of majority who, even if living at home as a dependent, demonstrates the cognitive maturity to give informed consent. What Is Supplemental Disability Insurance? However, there are some circumstances when it is necessary for the obstetriciangynecologist to share private information with a parent or guardian or others. Cons: Physicians have less autonomy and less continuity with patients. WebHealth Care Providers: Any provider of medical or other health services, or supplies, who transmits any health information in electronic form in connection with a transaction for which standard requirements have been adopted. With respect to children under 18, however, these protections are generally thought to be appropriate, particularly in cases when a physician may suspect a child's injury he or she has been called upon to treat may be the result of child abuse. If, after counseling, the patient refuses the chaperone, this decision should be respected and documented in the medical record 11. Flag a portion of the visit note as confidential in order for those sections to be omitted from access by a parent or guardian. Ability to share health information with family members and other relevant clinicians. Confidentiality extends beyond reproductive health for minors. Confidentiality is a fundamental right and is of paramount importance in our healthcare system. Online medical professionalism: patient and public relationships: policy statement from the American College of Physicians and the Federation of State Medical Boards. Web2 Pros and Cons of Managed Care in America Introduction I. WebHere are some pros and cons to think through before you discuss your HIV status. All rights reserved. It has increased paper work for health care professionals (Livestrong, 2015). Implementation toolkit. American Academy of Family Physicians. The ACOG policies can be found on acog.org. Often her small private room was crowded with family, friends, and loved ones. All Rights Reserved. Chernichovsky, D. (2009). Cons: Physicians have less autonomy and less continuity with patients. There are many ways to define confidentiality, and how we conceptualize it affects how it functions in our everyday lives. Sarbanes-Oxley Act of 2002 is a law enacted by US congress in July 30, 2002. When doctors share visit notes with patients: a study of patient and doctor perceptions of documentation errors, safety opportunities and the patient-doctor relationship. For example, it is much easier to obtain a persons credit history (even legally) than it is to gain access to his/her medical history, even though both may be considered highly personal and private information. According Chernichovsky (2009), the term Socialize medicine is defined as a health system where by which the government owns and operates both the financing of healthcare and also its delivery. Adolescents should be aware that certain insurance carriers itemize explanation of benefits statements 7. Any updates to this document can be found on acog.org or by calling the ACOG Resource Center. The final category, waiving confidentiality for research purposes is a little bit different, but even here the goal is linked to health specifically advancing general knowledge so as to achieve future health benefits. My patient was a petite woman in her mid-forties with long dark hair. Variations in practice may be warranted when, in the reasonable judgment of the treating clinician, such course of action is indicated by the condition of the patient, limitations of available resources, or advances in knowledge or technology. This is because; if an Insurance companies may provide their policyholders discounted medical treatment by entering into agreements with doctors' offices and hospitals. In fact, quite a lot of personal information is not protected at all. WebPros And Cons Of Sarbanes-Oxley Act Of 2002. Published online on March 26, 2020.Copyright 2020 by the American College of Obstetricians and Gynecologists. The capacity of an adolescent to consent for health care as a mature minor is influenced by the minors developmental maturity, previous experience with illness, the gravity of the current illness, and the risks of proposed therapy. Again, it is a matter of weighing the pros and cons between keeping and breaching confidentiality. This information is designed as an educational resource to aid clinicians in providing obstetric and gynecologic care, and use of this information is voluntary.
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pros and cons of confidentiality in healthcare