Ethics with regards to healthcare is a significant part that guides how patients, as well as medical personnel, interact to ensure a wholesome experience at the end of healthcare provision undertakings. Although healthcare professionals are the custodians of the information given to them by the patients, they have an obligation to ensure the highest levels of privacy by preventing the leak of such information to a third party. With regards to the above, the US, for example, in its constitution, has upheld a universal declaration in which the confidentiality of medical data has to be upheld unless when disclosure is mandated by the law. Closely related to the above, the HIPAA has provisions that protect individuals against infringement of their privacy rights in terms of a third party having knowledge of an individual’s health information. Stephanie, hence, regardless of the dilemma that she is in, is required to uphold all the laws that are not only recognized by the constitution but also those that are under other necessary stakeholders such as HIPAA.
There are several codes of ethics that give guidelines on how health records should be handled to ensure confidentiality. The above fully or partially apply to Stephanie’s case and hence, Kevin's information can only be released under specified circumstances. Most fundamentally, is when Kevin has given the parole officer the consent to obtain his information and when the officer has a court order to acquire it, or when withholding such information is to the detriment of the general public. In addition to the above, there are codes that are enforced by HIPAA that are related to the above case. Standard three holds it that no information should be released to a third party except when withholding such information causes harm to the client in question (US Department of Health and Human Services, 2015). STANDARD 8 has it that medical personnel are obligated to uphold the integrity as well as the security of health records. If such records have to be scrutinized or accessed by another medical practitioner, then consent has to be obtained from the patient. Besides the above, there are provisions by the federal as well as state government that guide how information is handled in an ethical manner. Informational privacy, as well as record keeping privacy, are spelled out under the Privacy Act of 1974 in the US constitution.
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There are legal concerns that might arise due to the release of health information. It is therefore imperative that healthcare professionals should commit to uphold the law in all situations. One concern that can be pointed out is the integrity of the individual that obtains the court order to have access to a patient’s information. Another concern is the possibility of an individual to be arraigned in a court of law as a result of not adhering to the ethics codes enforced by different law agencies.
One of the main challenges faced by healthcare institutions in terms of safeguarding the security of their patients is the proper utilization of electronic records, an implementation that has presented several loopholes in terms of reinforcement of the privacy of patient’s health records. Regardless of the use of passwords and the implementation of other security measures such as the use of fingerprints to access electronically stored records, there are still weak points that flag the above technology (Saranto et al., 2018). Individuals with malicious intentions, for example, can hack databases in which such records are stored and as a result, access them. In addition to the above, although there are stringent laws that have been put in place to govern disclosure of information, adherence, as well as enforcement to the latter, are aspects that are a challenge to the necessary stakeholders. As a result, the patient’s, to a large extent, especially those who are ignorant of their rights are likely to be essay prey to those who aim at acquiring such information for their own benefit.
In the case that Kevin's information is disclosed and the case is presented before a court of law, there are several considerations that will be regarded before passing the judgment. First of all, it will be determined if Kevin consented that Stephanie should release his medical record information to the parole officer. Besides, it will be determined if the retaining of such information could have acted to the detriment of the patient or the general public. Also, the type of information released and whether releasing it is authorized will be considered to a large extent.
Review of the Case
None of Kevin's information regarding his health history, treatment received in the hospital as well as the team that is responsible for his treatment should be released to the parole officer. The above is mainly because there is no any consent form that is within Stephanie’s reach that has been signed by Kevin. Besides, the officer does not present an official court order that allows him to obtain the information that he wants to.
In the case that Kevin’s information is obtained by the parole officer, there are legal implications that are likely to befall Stephanie as well as the parole officer in question. If Kevin files a case to claim for damages incurred as a result of his information being released to the parole officer, he is likely to be compensated by the parole officer as well as Stephanie. Stephanie is likely to be charged for infringing Kevin’s privacy while the parole officer is likely to be charged for obtaining personal health information without Kevin’s consent or a court order. Their work licenses are likely to be revoked and certificate of operation withdrawn (Corey et al, p. 215). Besides the above, both Stephanie might face a disciplinary action as spelled out under regulatory statutes that govern professionals in the health sector. Also, both the officer and Stephanie are likely to have a contravened the law that is related to release of information, hence, they are likely to be fined as a result of not adhering to the statutory duty of confidence.
One of the most significant ethical issues that arise in the case that Stephanie releases Kevin’s information is the inability of the institution she works for as well as her as an individual to have the integrity of a high level in adhering to the codes that are related to confidentiality. Besides, values such as honesty as well as trustworthiness are likely to be questioned by the general public as well as other stakeholders that are directly or indirectly connected to the institution in question(Ozair et al., 2015). One of the most significant legal undertakings that the institution in question can undertake is firing Stephanie, Withholding some of the privileges that she is entitled to for a certain period of time or suspending her from duty for a certain period of time as per the policies of the organization that govern privacy-related issues.
Other issues that should be considered in the court of law in the case that Stephanie releases Kevin's information is whether such an undertaking was for the good of the general public. If, for example, Kevin has a record of going to an extent of murdering individuals he interacted with as a result of the influence of the drugs that he used, probably, such a scenario would have warranted the release of his medical records. However, in relation to the above, his mental state as well as his ability to make sound decisions in terms of being in control of his emotions will also be considered. Besides, his competency in consenting for his medical information to be disclosed will also be analyzed to a large extent.
Conclusion
In conclusion, there are significant cultural as well as ethical considerations to be regarded in a healthcare setting. Cultural competency is mandatory for healthcare practitioners for them to be able to understand the beliefs as well as the socioeconomic status of their patients (Cherry, Barbara & Jacob, 2016). By having a full understanding of the above peripheral issues, it is possible to serve individuals of different status without infringing their rights. At the same time, it will be possible to adhere to the code of ethics that are enforced by the different stakeholders.
The court components that are indispensable in the analysis of releasing of medical information include institutional policies, the mental competency of the parties involved, the privacy policies of the institution in question, whether the patient in question consented for his information to be used among others. Regardless of the fact that there are variables that make an organization as well as a health professional to be in a dilemma with regards to the release of healthcare information, there are preventative measures that can be implemented to ensure such problematic encounters are minimized. HIPAA advises that employees should be watchful and ensure they do not disclose information to any third party, an extra layer of security should be added on electronic records, health records should be encrypted in a way that when electronic devices are lost information is not easily retrieved among others. Also, the necessary authorities should ensure adherence to laws that give guidelines on the handling of patient’s information. The above can be done by imposing huge fines as well as longer sentences to individuals who are found infringing such laws.
References
Cherry, B., & Jacob, S. R. (2016). Contemporary nursing: Issues, trends, & management . Elsevier Health Sciences.
Corey, G., Corey, M. S., Corey, C., & Callanan, P. (2015). Issues and ethics in the helping professions(Ninth ed.). Stamford, CT: Brooks/Cole/Cengage Learning.
Ozair, F. F., Jamshed, N., Sharma, A., & Aggarwal, P. (2015). Ethical issues in electronic health records: a general overview. Perspectives in clinical research , 6 (2), 73.
Saranto, K., Kivekäs, E., Kinnunen, U. M., & Palojoki, S. (2018). Lack of Patient Data Privacy Challenges Patient Safety. Studies in health technology and informatics , 251 , 163-166.
US Department of Health and Human Services. (2015). Summary of the HIPAA Privacy Rule May 2003.
