Records of a patient's medical history are subject to privacy regulations to protect an individual's dignity. The same privacy regulations also cover the doctor-patient confidentiality and require that a healthcare provider does not share health information of a patient unless under special conditions, for instance, when ordered by a court, under the patient's express permission between two health facilities. Health Insurance and Accountability Act of 1996 (HIPAA) details the privacy rule standards that guide how and when a patient's medical records are used and shared ("Health Insurance Portability and Accountability Act of 1996 (HIPAA) | CDC", 2021).
Problem 1
In this case of an adoptive parent seeking health information concerning his adoptive son Eric because he had been abused as a child, the health information department is to send the information to him (Hales, 2021). This is because the data can help Mr Brian Fitzgerald seek proper counselling for his son. In this situation, the father has the relevant authority to request this information. Under HIPAA (Health Insurance and Accountability Act of 1996), it provides a basis for a parent or guardian to request and have access to a minor's health records under his/her care. The information should be accompanied by recommendations for need of urgent and proper therapy to help the son.
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Problem 2
In this case, a mother, Mrs Amanda Worthy, requests copies of her son's medical records, and these particular records show that the son was treated for drug addiction. Here the mother has the rights to access information from a counsellor to guide on various tips of relating with her son. As the teenager's mother, she has a right to his medical records since, by law, he is still a minor until he reaches the age of eighteen. Drug addiction is a delicate issue, and one only needs a minor stressor to relapse into drug abuse.
Problem 3
In this case, Ms Cindy Rella, who claims to work for Blue Cross of Nebraska, would like copies of a lab report on a patient, Polly Esther is faxed to her. This report contains individually identifiable health information on the patient, and according to HIPAA, this information cannot be released to a third party without direct authorization of the patient. For Blue Cross to get this information, the patient, Polly Esther, should come to the facility and get her health records.
There is also the factor of Polly testing positive for HIV/AIDS. The facility has to follow up and ensure that she got proper guidance and has begun using the recommended medications to lessen this virus's effects. The patient's privacy takes precedence over the firm's need to file claims for the patient's recent hospitalization and has to be respected and guarded above all else.
Problem 4
This problem involves the sharing of information concerning a patient named Joan O. Arc between two health facilities. Under the health law and the privacy acts, this sharing of data is permitted as it is in the patient's best interest for this to occur. Though in this case, the said patient passed away while admitted to Ivy tower Medical Centre, which could help the hospital close this patient's topic and provide closure for her surviving family.
The law allows for sharing a patient's information between health facilities to improve the quality of service in the health sector. Through this, sharing of information has to be well structured to ensure that patient privacy is maintained at all times. Also, mechanisms should be in place to prevent abusing the channel for sharing information.
Problem 5
The CEO wants to institute a new policy that involves reviewing medical records of select patients and then writing a personal note to them after they have been discharged. This policy would be good for the institution's public image as it would serve to humanize the hospital and its staff and make the patients feel that the hospital cares about them. To ensure adherence to patient privacy laws as stipulated in HIPAA, there should be mechanisms and regulations to guide this policy. For example, the CEO should sign a nondisclosure agreement and proper channels established through which a patient's medical records are shared between the health information department and the CEO’s office.
Problem 6
In this problem, a patient's information is required for use in a court case. The patient, one Mr Lucas Spencer, has sued Dr Rick Webber for malpractice. In such cases, the patient's medical records can be shared with or without the patient's explicit consent. So the information requested by the law firm caused by pertinence cases to be availed to them to aid in the smooth mediation of the case. The plaintiff, that is, the patient, would have to seek a court order to prevent this information with the law firm.
Problem 7
In this case, the patient's employer requests to be furnished with these medical records to processing his disability claim. According to HIPAA, a patient’s medical records can be shared with his/her employer in cases involving rights to claims and compensations (Heavey, 2021) . These medical records contain a doctor's expert deductions drawn from an examination of the patient. This diagnosis will help the patient's employer verify its employee's claims and, where applicable, to enable the payment of compensation and disability income.
References
Hales, M. (2021). Parents, Children and Health Privacy. The HIPAA E-TOOL®. Retrieved 5 April 2021, from https://thehipaaetool.com/parents-children-and-health-privacy/.
Health Insurance Portability and Accountability Act of 1996 (HIPAA) | CDC. Cdc.gov. (2021). Retrieved 5 April 2021, from https://www.cdc.gov/phlp/publications/topic/hipaa.html.
Heavey, C. (2021). Ambiguity, Agencies, and the Administrative Procedure Act: Analyzing the OSHA Rule Revision Concerning Agency Access to Employee Medical Records. SSRN Electronic Journal, 2(5), 55. https://doi.org/10.2139/ssrn.3771931
