The right to privacy of patients has become the focal objective of healthcare institutions, given the increased emphasis on protecting patients. The patient’s right entails the confidentiality of information linked to the patient in addition to their bodily privacy. Privacy is vital for establishing and maintaining an effective clinical relationship. The patient’s right to privacy is a social merit given that it promotes the straightforward discussion of health-based issues between physicians and patients. Such a right prompts physicians to keep the confidential information patients give during interactions. The protection of the individual’s interests is the primary reason for protecting personal privacy. The right to privacy is also essential to the patient since it ensures that the healthcare facility is a secure environment in the eyes of the patient. When privacy is guaranteed, the patient can provide complete and accurate information confidently. In this case, the confidence in the healthcare facility is reinforced. The right to privacy is also vital since it emphasizes the essence of observing the respect for patient autonomy. The paper’s purpose is to examine the patient's right to privacy with regard to mental health care and substance use disorder treatment. There is an acceptable breach in the patient’s right to privacy with respect to mental health care and substance use disorder treatment since it ensures the patient’s health and safety needs are met.
General Overview of Issue and its Factors
Maintaining the patient's right to privacy is carried out for the patient's protection. Regardless, there are scenarios in which it is difficult to maintain the patient's right to privacy to ensure they are protected. In such cases, health care providers may need to disclose the patient’s personal information to the patient’s family members or friends to ensure the patient receives proper treatment (Gostin & Nass, 2009). The disclosure in such instances is necessary to guarantee the patient's health and safety. The disclosure of the patient's personal information results in the breach of their right to privacy. Such a breach is justified in two cases: when the patient has a mental health problem or a substance use disorder.
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HIPAA allows healthcare providers to provide the patient's mental and behavioral health information to the patient's family and friends. The HIPAA Privacy Rule recognizes the key role played by family and friends in meeting the health outcomes of a patient with mental health issues. The rule permits communication between the health care entities and the aforementioned persons. When the sick patient is present and has the ability to make health-based decisions, healthcare entities may share information with the patient's family members, friends, or other individuals the patient has engaged in their health care or payment for services (Letzring & Snow, 2011). In such a scenario, disclosures can be made so long as the patient does not oppose it. The healthcare provider may seek permission to communicate with the patient's family members or friends. They may also inform the patent that they plan to share the information with other parties and, in this scenario, the patient can agree or object to the request. The provider may also conclude from the prevailing circumstances that the patient does not object. In an instance in which the patient is absent or incapacitated due to the mental illness, the healthcare practitioner may communicate with family members and friends as long as the practitioner, based on their professional judgment, concludes that the disclosure will be in the patient's best interest (Letzring & Snow, 2011). In this respect, the patient’s right to privacy in mental health care is a challenging issue in light of the HIPAA Privacy Rule.
The patient’s right to privacy with regard to substance use disorder is disregarded given the sensitive nature of the patient’s treatment information. When the patient has substance use disorder, for instance, opioid abuse, it can be difficult for the family members and friends to stay connected to the patient if the condition deteriorates and the patient goes into a healthcare facility for treatment. HIPAA guidelines permit health practitioners to share the patient's health information with family members and friends when the patient is in a dangerous or emergency situation (Butler et al., 2018). The practitioner can disclose the patient’s information if the former concludes that doing so is in the best interest of an unconscious patient. The information shared should be directly linked to the involvement of the family members or friends in the patient’s treatment or payment for care. For instance, a practitioner may use their professional judgment to share information with the family members of an individual incapacitated by an opioid overdose regarding the overdose and related medical information. The practitioner should share information with individuals in a position to stop or lessen a severe and immediate threat to the patient’s health and safety. In this case, the breach of the client’s right to privacy is aimed at protecting the patient from harming themselves further.
Cultural Context
The patient's right to privacy entails decisional privacy, which is concerned with the patient's personal choices. Each client has their own cultural affiliations, which are likely to influence their decisions regarding whether to consent to the disclosures to family members and friends (Heuer & Scanlan, 2017). Culture influences the patient’s reaction to the mental health issue or substance use disorder. An individual, especially a male individual, is likely to deny having a mental health illness or a substance use disorder since such conditions may be perceived as a sign of weakness. They may refuse treatment in some cases. Others will accept treatment but will be keen not to reveal any information regarding their condition or treatment to their family members. In some cultures, mental health problems may be perceived as a curse, and, for this reason, the patient may object to the sharing of the patient’s information revealing the mental health problem to the family members or friends.
From my personal perspective, the patient's right to privacy should not be prioritized over their health. If disclosing the patient's medical information to family members or friends guarantees the patient's health or safety, the practitioner should make the disclosures. I also believe that the practitioner should consider the patient’s culture, including their personal beliefs and traditions, before making the disclosures.
Strategy Evaluation
The use of confidentiality agreements is one of the most effective ways for addressing the issue regarding the patient’s breach of privacy at the local, national, and global levels. The confidentiality agreement can stipulate what the patient is and not willing to share with their family members or friends. It can be signed by the patient and healthcare practitioners. If disclosures are to be made, the confidentiality agreement can be used as a guidance tool ensuring that the patient’s rights are met. From my personal point of view, I believe confidentiality agreements can effectively capture the patient’s personal choices with regard to information disclosures regarding their health condition.
Overall, the patient’s right to privacy is aimed at protecting the patient’s interests. However, the breach of such privacy is acceptable if the patient has a mental health problem or a substance use disorder. The patient’s family members or friends can be informed of the patient’s condition by the healthcare practitioner to guarantee the patient’s health and safety. The patient’s choice regarding the disclosure of their information is likely to be affected by their culture in terms of their personal values and beliefs.
References
Butler, J. M., Becker, W. C., & Humphreys, K. (2018). Big data and the opioid crisis: Balancing patient privacy with public health. The Journal of Law, Medicine & Ethics , 46 (2), 440-453. https://doi.org/10.1177/1073110518782952
Gostin, L. O., & Nass, S. (2009). Reforming the HIPAA privacy rule: safeguarding privacy and promoting research. Jama , 301 (13), 1373-1375. https://doi.org/10.1001/jama.2009.424
Heuer, A., & Scanlan, C. L. (2017). Wilkins' clinical assessment in respiratory care - e-book . Mosby.
Letzring, T. D., & Snow, M. S. (2011). Mental health practitioners and HIPAA. International Journal of Play Therapy , 20 (3), 153. https://doi.org/10.1037/a0023717
