HIPAA Regulations – Safety Verse Privacy Concerns
Medical information is frequently accidentally leaked. From time to time there is a computer glitch allowing unauthorized people to access information. Sometimes a file is left out and picked up by a curious passerby. Sometimes one simple error can lead to a violation of the HIPAA privacy regulations for thousands of patients.
Even more appalling are the intentional information leaks. A star is treated at a medical facility and one of the medical staff copies their records and sells it to a gosip magazine. In one particular instance, the daughter of a hospital employee took a list of patients’ information and called those people to tell them they had been diagnosed with HIV??”as a practical joke. Some of these stories make us shake our heads in disbelief.
The topic of privacy violations??”whether intentional or not??”raises an important question. Is there ever an instance that makes it ok be in violation of HIPAA rules? Is protecting patients privacy more important than anything else? Could there ever be an instance where harm could be caused to the patient or someone else if their info was kept private?
First, we need to acknowledge a couple things. The examples given are without a doubt unethical and harmful to the victims in countless ways. Many times it is obvious that HIPAA regulations result in protecting patient privacy. No one should ever use another person’s health for personal financial gain. Also, no one should be giving out false information about a patient??”to him nor to anyone else. That is unmistakeble. However, what about the gray areas?
What about public safety? Is there ever a time when it is better for the safety and health of the public to disclose health information about an individual? What about highly contagious diseases – should schools and workplaces be notified in order to protect others? HIPAA protects the privacy of that patient but what about the safety and health of those around him? Certainly the health of those individuals are not any less important.
Medical staff have access to a large amount of personal information. According to HIPAA, he must keep that information confidential. What if a doctor is aware of a recent suicide attempt and thinks it would be beneficial to notify a family member to have them keep an eye on the patient and offer support? Is it better to guard the patient’s privacy or his life?
There is no easy answer to questions like these. While protecting patients information is important, we must consider whether or not there is a downside to so much privacy in certain situations.
For more information concerning HIPAA Compliance and ways to ensure your medical facility has all the proper training and documentation needed by law, visit our website at HIPAACompliance.org.
Processing your request, Please wait....
