Patient confidentiality can be broken, if necessary, to report suspected abuse. TRUE Only health care professionals who work in office environments or highly technical occupations are likely to use computers in their work. FALSE It is not necessary to back up data if your computer has a large hard drive with adequate storage space.
Can patient confidentiality be broken to report suspected abuse?
Patient confidentiality can be broken, if necessary, to report suspected abuse. A (n) ____________________ is at least 18 years of age or meets certain requirements, such as being married.
What is a breach of patient confidentiality?
A breach of confidentiality occurs when a patient's private information is disclosed to a third party without their consent. When can confidentiality be broken? Breaking confidentiality is done when it is in the best interest of the patient or public, required by law or if the patient gives their consent to the disclosure.
What should a doctor do before reporting suspected violence or abuse?
Before reporting suspected violence or abuse, the Code says physicians should: Inform patients about requirements to report. Obtain the patient’s informed consent when reporting is not required by law.
Why is confidentiality important in healthcare?
Confidentiality is more than just an ethical ideal that physicians are supposed to adhere to for their patients. Patients have an affirmative legal right to confidentiality. In fact, most states have statutory laws protecting patient confidentiality.
Which of the following is the cause of the majority of malpractice lawsuits against health care providers?
misdiagnosisMultiple studies have concluded that misdiagnosis is the most common cause of malpractice claims. Misdiagnosis includes failure to diagnose a medical problem that exists or making a diagnosis that is incorrect.
Which is the best action for health care professionals to take if they believe that their facility has a policy that is not in the best interest of the patients quizlet?
Which is the best action for health care professionals to take if they believe that their facility has a policy that is not in the best interest of the patients? Talk with their supervisor privately about their concerns.
Which of the following is a major difficulty with electronic patient records quizlet?
A major difficulty with the electronic medical records is the inability of various systems to communicate and share information.
Which of the following is an example of implied consent?
Implied consent means that the patient's actions reflect the patient's consent to treatment or procedures. For example, a patient who makes an appointment for a flu shot, keeps the appointment, and then rolls up his sleeve for the doctor to give the shot is presumed to have consented to receive the flu shot.
Which of the following types of health care information can be released without the patient's consent quizlet?
Immediately report the error to your supervisor. On a written authorization to release health care information, a patient may exclude permission to release information about conditions such as AIDS, drug use, or mental health disorders.
Which of the following is a true statement about using the five step problem solving process?
A true statement about using the five-step problem-solving process is that it: sometimes requires confronting difficult issues.
What is the most appropriate way to react when a patient responds rudely?
What is the most appropriate way to react when a patient responds rudely to your attempts to provide care? Ask yourself what might have caused this reaction. The most important reason for dressing conservatively at the workplace is to: increase patient confidence.
What is the first thing to do if you are unsure about requesting a personal leave from work?
What is the first thing to do if you are unsure about how to request a personal leave day from work? Ask your supervisor.
Which is the best position for an arm or leg that is bleeding heavily?
Raise the injured area If the wound is on a limb, raise it in a supported position to reduce blood flow to the injured area. If an arm is injured, you could apply an arm sling or elevation sling.
What are 4 exceptions to consent?
Several exceptions to the requirement for informed consent include (1) the patient is incapacitated, (2) life-threatening emergencies with inadequate time to obtain consent, and (3) voluntary waived consent.
What are the 3 types of consent?
Implied Consent. Participation in a certain situation is sometimes considered proof of consent. ... Explicit Consent. ... Active Consent. ... Passive Consent. ... Opt-Out Consent.
What are the 3 elements of valid consent?
An effective consent process needs to address three elements: Capacity — who can give informed consent? Disclosure — what information do patients need? Voluntariness — are they giving consent freely?
What is an important principle for healthcare professionals to provide ethical care?
There are four commonly accepted principles of health care ethics that providers follow to ensure optimal patient safety: autonomy, beneficence, non-maleficence, and justice. Let's take a closer look at the definition of each of these principles and how they are put into practice in the home health care environment.
Which is the best method of negotiating or processing difficult ethical situations?
Which is the best method of negotiating or processing difficult ethical situations? Defer to an independent arbitrator such as a chaplain when ethical issues arise between dissenting providers.
Which action is an example of the nurse showing respect for a patients autonomy?
Respect for Autonomy The nurses do not influence the patient's choice. Examples of nurses demonstrating this include obtaining informed consent from the patient for treatment, accepting the situation when a patient refuses a medication, and maintaining confidentiality.
Which ethical principle is included in the professional nursing code of ethics?
Which ethical principles are included in the professional nursing code of ethics? The professional nursing code of ethics includes advocacy, responsibility, and accountability.
What is the OCR investigation?
OCR will investigate complaints that allege potential violations of the Rule. To the extent practicable, OCR will provide technical assistance and seek informal resolution of complaints involving the inappropriate sharing of PSWP through voluntary compliance from the responsible person, entity, or organization. When OCR is unable to achieve an informal resolution of an indicated violation through such voluntary compliance, the Secretary may impose a CMP of up to $11,000 for each knowing and reckless disclosure of PSWP that is in violation of the confidentiality provisions.
How long does it take to file a complaint with OCR?
Be filed within 180 days of when you knew or should have known that the act complained of occurred, however OCR may waive the 180-day time limit for “good cause" shown
What to do if you believe a person shared PSWP?
If you believe that a person or organization shared PSWP, you may file a complaint with OCR. Your complaint must: Name the person that is the subject of the complaint and describe the act or acts believed to be in violation of the Patient Safety Act requirement to keep PSWP confidential.
What is the OCR?
OCR enforces the confidentiality provisions of the Patient Safety and Quality Improvement Act of 2005 (Patient Safety Act) and the Patient Safety and Quality Improvement Rule (Patient Safety Rule). Together, the Patient Safety Act and Rule establish a voluntary system for Patient Safety Organizations ...
Is PSWP confidential?
PSWP may identify patients, health care providers and individuals that report medical errors or other patient safety events. This PSWP is confidential and may only be disclosed in certain very limited situations.
What is the major problem with electronic medical records?
A major difficulty with electronic medical records is the inability of various systems to communicate and share information.
What should health care professionals be familiar with?
Health care professionals should be familiar with the code of ethics for their occupational area in order to:
Can insurance companies refuse to pay for services?
Insurance companies can legally refuse to pay for certain services if they are not preauthorized.
Can a facility be accused of fraud?
The facility may be accused of fraud
What is the importance of protecting patient information?
Ensuring the security, privacy, and protection of patients' healthcare data is critical for all healthcare personnel and institutions. In this age of fast-evolving information technology, this is truer than ever before. In the past, healthcare workers often collected patient data for research and usually only omitted the patients' names. This is no longer permitted, now any protected health information (PHI) that can identify a patient or the patient's relatives, employers, or household members, must be omitted before being used for research. The health insurance portability and accountability act (HIPAA) public law 104-191, was enacted into federal law to ensure that that patient medical data remains private and secure. [1][2][3][4][5] There are two main sections of the law, the privacy rule which addresses the use and disclosure of individuals' health information, and the security rule which sets national standards for protecting the confidentiality, integrity, and availability of electronically protected health information.[6] The privacy rule specifies 18 elements that constitute PHI.[7] These identifiers include demographic and other information relating to the past, present, or future physical or mental health or condition of an individual, or the provision or payment of health care to an individual.
What is the HIPAA privacy rule?
The HIPAA privacy rule applies to almost every department in a medical facility, even when walking to the parking lot with a colleague or on your home internet, the confidentiality of PHI must be preserved. Only the bare minimum health information that is necessary should be disclosed during any health care service, and this also includes human resources or ancillary services. For example, when a pharmacist is about to dispense medication to a patient, he or she should only ask the patient if they know how to take the pill when to take the pill, and to follow up with their healthcare provider. No in-depth discussion with the patient in full view of other people is permitted. This rule also applies to other healthcare providers who may be exchanging information with other healthcare workers who are also actively involved in patient care. For example, it is permitted for a radiologist to ask the ordering medical resident a few questions about why the patient is having the test to ensure that the procedure is necessary and the best choice for the situation, but he or she is not at liberty to discuss this with a third party who is not actively treating the patient. In all such matters, one must first obtain consent from the patient to determine if he or she is willing to permit the doctor to divulge medical information to others. This rule not only applies to verbal communication but all written and electronic text. [10][11][12]
What is a notice of privacy practice?
When a patient is admitted to a healthcare institution, he or she must be provided with the information on rights to privacy, what type of PHI will be shared, and for what reason. This notice of privacy practice is now a requirement of HIPAA for all patients, regardless of age or gender. The patient must sign this document, and one copy must be kept in the hospital files. This also indicates that the patient did receive the privacy notice. If for any reason, the patient cannot sign, the reason must be documented and witnessed. If another person signs the document, the reason why the individual is signing must be documented. Once a notice of privacy practices is signed, the healthcare institution does not need to ask the patient repeatedly for disclosure of PHI in the course of normal care. If the patient’s health situation changes or the patient has additional privacy concerns, this should be documented in the note. The patient may ask that no family member or friend is permitted to pick up his or her medications or that none of the medical staff discuss the health condition with family or friends.
What is PHI in healthcare?
HIPAA broadly defines PHI as any health information that is transmitted or maintained in electronic media. It is also important to know that PHI is not only restricted to transmission on electronic media but also any oral communications of individually identifiable health information that constitutes PHI. For example, if a surgery resident speaks about a surgical procedure in an elevator full of people, that can be a HIPAA violation if any PHI is mentioned. The majority of medical records in healthcare institutions and clinics meet the definition of PHI, some of which include:
Why do healthcare workers need to stop using unencrypted networks?
Furthermore, healthcare workers must be asked to stop using the unencrypted wireless network for communication because of the risk of interception.
How often should a healthcare worker have a password?
All healthcare workers who use the computer to access patient records must have a secure password. The password should be unique and changed every 3 to 4 months. No one should share their password with other individuals. The information technology (IT) department must determine the quality of the password before access is granted to the system. The password must be sufficiently strong so that it cannot be guessed or even predicted with the available computer programs. The password must contain a combination of numerical and alpha characters with symbols to increase their complexity. Further, no worker should paste the password anywhere near the PC or leave a sticker with the password on a desk, as this defeats the purpose of security. However, passwords alone are not adequate for security measures and offer a very weak method of protection.
What is the meaning of "portability of insurance"?
Portability of insurance or the ability of a patient/worker to move to another place of work and be certain that insurance coverage is not denied
Under what circumstances can confidentiality be broken?
Situations in which confidentiality will need to be broken: There is disclosure or evidence of physical, sexual or serious emotional abuse or neglect. Suicide is threatened or attempted. There is disclosure or evidence of serious self-harm (including drug or alcohol misuse that may be life-threatening).
What is client confidentiality breach?
Breach of confidentiality occurs when someone intentionally or unintentionally, discloses the information given to him in confidence. When you agree to keep something private, you will be responsible for its violation even if there was no mens rea.
What is the most common breach of confidentiality?
The most common patient confidentiality breaches fall into two categories: employee mistakes and unsecured access to PHI.
What is the duty to report child abuse?
The duty to report child abuse is one of the exceptions to the practitioner’s legal and ethical duty of confidentiality. Many situations will arise during the course of a practitioner’s career that will present a question of whether or not a child abuse report must be made. Not all questions are easily resolved, ...
Is it necessary to document a telephone conversation?
Documentation of the telephone conversation, and of the prior research of the question, is of course necessary and wise. If both agree that a report must be made, the practitioner should have no liability for making the report, even if the reported suspicion of child abuse is later found to be unsubstantiated or unfounded.
What to do when a patient is suspected of abuse?
Discuss any suspicion of abuse sensitively with the patient, whether or not reporting is legally mandated, and direct the patient to appropriate community resources.
How should physicians protect patient privacy when reporting?
Physicians should also protect patient privacy when reporting by disclosing only the minimum necessary information.
What is the abuse in the exam room?
Patients in your exam room may be experiencing one of a number of forms of abuse—domestic violence, human trafficking or other violence— and identifying those being abused can sometimes be tough.
What is the AMA Journal of Ethics?
Explore the AMA Journal of Ethics for articles, podcasts and polls that focus on ethical issues that affect physicans, physicians-in-training and their patients.
How many victims of trafficking had contact with a health professional?
The authors noted research showing that 88% of victims had contact with a health professional while being trafficked, but none were identified or offered help in getting out of their situation during the medical encounter.
When is informed consent not required?
Obtain the patient’s informed consent when reporting is not required by law. Exceptions can be made if a physician reasonably believes that a patient’s refusal to authorize reporting is coerced and therefore does not constitute a valid informed treatment decision.
Is abuse rare in a normal family?
Not allow diagnosis or treatment to be influenced by misconceptions about abuse, including beliefs that abuse is rare, does not occur in “normal” families, is a private matter best resolved without outside interference, or is caused by victims’ own actions.
Why do doctors disclose confidential information?
This is the most common reason for revealing confidential details. If the patient expressly consents to disclosure, a doctor is relieved from the duty of confidence. Consent may be explicit or implied. Explicit consent requires active agreement but may be written or oral. It is the preferred form as there is no doubt as to what has been agreed and is usually required for sharing more sensitive data. The patient must have the necessary capacity to consent, that is, understand, retain, and balance the information, and also communicate their decision. This can be challenging in the critical care setting when patients are often sedated or suffering disease processes affecting their conscious level.
Why is confidentiality important in healthcare?
Confidentiality is central to the preservation of trust between doctors and their patients. The moral basis is consequentialist, in that it is to improve patient welfare. There is a wider communitarian public interest in the protection of confidences; thus, preservation of confidentiality is necessary to secure public health. Failure to maintain this venerable obligation may result in suboptimal treatment ( X v Y [1992] 3 BMR 1). For centuries, doctors have upheld this ethical principle underpinned by the Hippocratic Oath that has been updated by the international community assenting to the Declaration of Geneva. The practice of doctors in the UK is subject to the regulatory authority of the General Medical Council (GMC) who strongly uphold this professional duty. The British Medical Association (BMA) advises doctors to consider the benefits of breaching patient confidentiality against the harmful consequences of damaging the professional relationship and risking public trust in a confidential service. 1
What is considered confidential?
The general principles of what is considered confidential have been outlined in common law. A duty of confidence arises when one person discloses information to another (e.g. a patient to a doctor) in circumstances where it is reasonable to expect that the information be held in confidence. To represent a breach, confidential information must: Enforcement of a legal duty in the UK has to date been relatively weak. Both the GMC and Department of Health 3 provide ethical guidance for professionals that would nonetheless be given considerable weighting by the courts or independently lead to professional disciplinary action. There has to date been no criminal conviction of a doctor for breach of confidence, although civil claims in negligence have occurred and damages awarded ( Cornelius v Taranto [2001] 68 BMR 62) when confidence has been breached by revealing medical information without explicit consent.
How many people with HIV are not aware of their diagnosis?
Up to 40% of patients with HIV are not aware of their diagnosis on admission to intensive care. 9 Dealing with a newly diagnosed patient, when they do not have the necessary capacity to permit disclosure of the information to at-risk partners or contact tracing is legally and ethically challenging.
What is the need to know basis for access to personal information?
Access to personal information should be on a strict need-to-know basis. All users and handlers of patient-identifiable data should be aware of their responsibilities. Understand and comply with the law. Justify the purpose of disclosure. Only use patient-identifiable information where absolutely necessary.
What are the characteristics of confidential information?
Characteristics of confidential information 1 - have the necessary quality of confidence, 2 - be imparted in circumstances importing an obligation of confidence, 3 - be disclosed without the permission and to the detriment of the person originally communicating it, 4 - not already be in the public domain, 5 - be in the public interest to protect it.
When is a mature minor's right to confidentiality permitted?
The mature minor's right to confidentiality is permitted when it is deemed in their best interests ( Gillick v Norfolk and Wisbech Area HA [1986] AC 112). There does remain a duty on the doctor to persuade the child to inform their parent or to allow the doctor to do so.
When can confidentiality be broken?
Breaking confidentiality is done when it is in the best interest of the patient or public, required by law or if the patient gives their consent to the disclosure. Patient consent to disclosure of personal information is not necessary when there is a requirement by law or if it is in the public interest.
In what situations can confidentiality be breached?
An example of a breach of confidentiality could be if a freelancer works for a number of clients in the same industry and accidentally emails confidential business information to the wrong client. Another example is if there is sensitive information on a laptop and the laptop is stolen.
When can confidentiality be breached in health and social care?
Care workers can also break confidentiality if they suspect an individual is going to seriously harm themselves or someone else.
What is the most common breach of confidentiality?
The most common patient confidentiality breaches fall into two categories: employee mistakes and unsecured access to PHI.
What is a breach of doctor-patient confidentiality?
A breach of doctor-patient confidentiality occurs whenever a doctor (or someone in the doctor’s office) discloses or releases patient information to a 3rd party without the express consent of the patient.
When Does a Doctor-Patient Confidentiality Apply?
The legal and ethical principle of doctor-patient confidentiality applies to all communications and information within a genuine doctor-patient relationship. The doctor-patient relationship exists whenever a person seeks medical advice or treatment from a doctor and have a reasonable expectation of privacy. The doctor-patient relationship and privacy expectation do need to be expressly stated or put in writing. The relationship and confidentiality can be implied based on the circumstances.
What are confidential medical records?
Confidential information and records include: 1 Any patient treatment-related information (including names) related to appointments, exams, assessments, medical procedures, referrals, diagnosis, or treatment options discussed with the patient 2 Doctor’s conclusions, opinions, or assessments related to patient 3 Medical records of any type including medical history, lab tests, x-rays, and other diagnostic imaging studies 4 Any communications between the patient and doctor or members of the doctor’s office staff.
What is confidentiality in medical?
The confidentiality of patient communications is not limited to conversations between patient and doctor. Confidentiality covers any statements or communications between a patient and other professional staff at the doctor’s office. Your medical records (e.g., medical history, doctor’s notes, diagnostics testing, lab reports, ...
Why is confidentiality important in healthcare?
Knowing that your doctor will keep your personal information confidential is absolutely necessary for effective medical evaluation, diagnosis, and treatment. Without this safeguard, patients would not feel free to disclose certain ...
What is a doctor-patient relationship?
The doctor-patient relationship exists whenever a person seeks medical advice or treatment from a doctor and have a reasonable expectation of privacy. The doctor-patient relationship and privacy expectation do need to be expressly stated or put in writing. The relationship and confidentiality can be implied based on the circumstances.
What is the duty of confidentiality?
Once a doctor-patient relationship arises, the doctor’s duty of confidentiality applies to any communications, records, opinions, or knowledge related to that relationship. This means that confidentiality not only applies to things you might tell your doctor, but it also covers any conclusions, theories, or opinions that your doctor might form in ...