pros and cons of confidentiality in healthcare

Should a doctor disclose to a patients family members the fact that the patient carries a gene for cancer or Alzheimers disease? As citizens become more aware of the many issues involved in medical confidentiality, they can help shape the discussion and make their voices heard as lawmakers address the issues. The capacity of an adolescent to consent for health care as a mature minor is influenced by the minors developmental maturity, previous experience with illness, the gravity of the current illness, and the risks of proposed therapy. What is managed Care One form of medical coverage is the managed-care plan. HMOs often only cover At the initial visit, the obstetriciangynecologist should discuss the following issues with the parent or guardian and the patient: 1) the meaning and importance of confidentiality; 2) the scope of confidentiality protection; and 3) the limitations of confidentiality 1. Bulk pricing was not found for item. One of the biggest problems in confidentiality protections is the lack of clarity about when patient confidentiality can be breached. A number of states have adopted this principle, and some have extended it to all physicians or mental health professionals. Ventola, C. L. (2014). Once confidentiality is breeched, it is difficult to regain trust; so, obstetriciangynecologists should make efforts to avoid the violation of the trust between the health care provider and patient. This is due to the fact that if the doctor might not be able to offer the right care to the patient. During this era of socialized medicine, there are both pros and cons of confidentiality, rights, safety, and the security of the patients. Copyright document.getElementById("dte").innerHTML = new Date().getFullYear(); interMDnet Corporation. Breaching an individuals confidentiality and privacy do not only affect an individuals dignity, and might as well cause harm (Gostin, Levit & Nass, 2009). On the other hand, the social health insurance is defined as those systems whereby which people transfer their financial risk of medical bills to a risk pool. The Importance of Supplemental Disability Insurance. Blythe MJ, Del Beccaro MA. Obstetriciangynecologists and other health care providers and institutions that establish an electronic health record (EHR) system should consider systems with adolescent-specific modules that can be customized to accommodate the confidentiality needs related to minor adolescents and comply with the requirements of state and federal laws. Pros and Cons of Technology in Healthcare. Big data definitely Hospitals and office-based systems that currently use or are initiating OpenNotes should take steps to ensure that adolescent confidentiality is protected. The following are examples of how some institutions have provided protection to adolescents; they are not applicable to all institutions or systems: For patients ages 1217-years old, manage or restrict parental or guardian access to provider notes. People would have to worry less about their future. Explanation of benefits statements (health care billing and insurance claims sent by insurance carriers) are an additional challenge to confidentiality. Identify the patients preferred route of contact. Missouri specifically requires physicians to report drug dependent minors to the health department, and New Jersey expands the requirement to all drug dependent patients. Hagan JF, Shaw JS, Duncan PM. Rights-based theory states that patients have a right to control how their medical information is used. However, there are some circumstances when it is necessary for the obstetriciangynecologist to share private information with a parent or guardian or others. Another problem, however, is what to do regarding the patient who has discovered a breach of confidentiality. An email address may be helpful for contacting the patient. Obstet Gynecol 2020;135:e1717. It is important to note that the EHR for general health care visits may contain information pertaining to care, such as a social history or sexual behavior history, that was provided under minor consent or mature minor provisions. WebPros And Cons Of Sarbanes-Oxley Act Of 2002. OpenNotes. American College of Obstetricians and Gynecologists. ACOG Committee Opinion No. (2009). J Adolesc Health 2016;58:13440. In such circumstances, it may be appropriate to restrict access to such sensitive information obtained during portions of the visit while allowing other portions to be viewable by parents or guardians. One of the biggest problems in confidentiality protections is the lack of clarity about when patient confidentiality can be breached. References Neither ACOG nor its officers, directors, members, employees, or agents will be liable for any loss, damage, or claim with respect to any liabilities, including direct, special, indirect, or consequential damages, incurred in connection with this publication or reliance on the information presented.All ACOG committee members and authors have submitted a conflict of interest disclosure statement related to this published product. New England Journal of Medicine, 361(21), e46. All rights reserved. When is your health information confidential and when isn't it? Therefore, it is important to develop "front-end" safeguards that prevent unauthorized breaches from occurring. The rapid development of technology geared toward healthcare services has led to the creation of the term telehealth, which essentially means virtual care. Chernichovsky, D. (2009). However, the obstetriciangynecologist should exercise extreme caution when using a personal patient email address to relay medical information because email servers may not be secure 6. Sexual and reproductive health care services in the pediatric setting. Optimally, obstetriciangynecologists should ensure that medical record information, including EHR information, for care provided under minor consent or mature minor provisions is considered confidential and should not be disclosed to parents or guardians without adolescent consent. J Adolesc Health 2016;58:3747. Obstetriciangynecologists should emphasize to the parent or guardian that confidentiality is important to foster a safe and trusting environment for adolescents to discuss their concerns and health care. There is little to no control over income distribution. The immediate occasion is 2009, which is shown through the copyright year or the year of Ererere. you may experience negative reactions ranging from maltreatment to a breach of confidentiality and even to unfair dismissal. Employed physician in academic institution. OpenNotes. Available at: Promoting healthy relationships in adolescents. The Pros of Using AI. Nature documentaries showing the loss of plant diversity around the world raise our awareness of environmental threats to plant life. Online Therapy: Security, Ethics, and Legal Issues. Knowing what confidentiality laws in your area cover can help you make informed decisions about how your information is shared. In certain instances, specific billing modifiers used with preventative services provided under the Patient Protection and Affordable Care Act will generate nonitemized explanation of benefits statements. Available at: Esch T, Mejilla R, Anselmo M, Podtschaske B, Delbanco T, Walker J. Still, they are horrified by the potential that their insurance company may need access for reimbursement purposes. Additionally, they should be informed of any restrictions to the confidential nature of the relationship. According to Farnan et al (2013), privacy should always be guaranteed even if there will be no any form of embarrassment or any kind of harm. Confidentiality laws regarding medical information are currently undergoing changes at both the state and federal levels. Universal health care may encourage entrepreneurship. Committee on Practice and Ambulatory Medicine. Adolescents gain more ownership over their own health: We encourage adolescents to be active participants in their health care as a step toward becoming adults and to take on more responsibility. New York, NY: Guttmacher Institute; 2019. Parent or guardian access to the patients visit notes through the electronic patient portal poses the potential that confidential and sensitive information may be accessed, resulting in a breach of confidentiality and potentially adverse outcomes for the adolescent patient. Recently, however, there have been some concerns raised about such databases, especially when the information can be linked to individuals (in other words, it is not completely anonymous) or it is stored electronically without adequate security. WebThe Cons Confidentiality and the institution of HIPAA hasnt been all positive. It has increased paper work for health care professionals (Livestrong, 2015). 2023 My Superior Paper. Journal of Adolescent Health, 25: 758, Promoting Healthy Relationships in Adolescents, for potential talking points when discussing confidentiality with parents, guardians, and patients 10. It must be acknowledged by the nurse and the nursing profession that social media has the power to enable the nurse to network with colleagues and share research findings through both private and open forums. This is because; if an The American College of Obstetricians and Gynecologists reviews its publications regularly; however, its publications may not reflect the most recent evidence. Did you know that according to the Social Security Administration, 1 in 4 of todays 20-year-old Americans will become disabled before age 67?1 HealthMarkets can help you find a health plan should a serious condition leave you unable to work. If a patient declines a chaperone, it should be explained that the chaperone is an integral part of the clinical team whose role includes assisting with the examination and protecting the patient and the physician. (Eds.). Bright futures: guidelines for health supervision of infants, children, and adolescents . Being aware of alternate health care referral centers for free or substantially decreased costs may be of benefit for the adolescent if there is a risk of billing disclosure. Cons: Physicians have less autonomy and less continuity with patients. Any concerns the patient has regarding the presence of a chaperone should be elicited and addressed if feasible. American College of Obstetricians and Gynecologists. Sarbanes-Oxley Act of 2002 is a law enacted by US congress in July 30, 2002. The most obvious benefit of utilizing AI technology is its ability to improve patient experiences. Available at: https://www.guttmacher.org/state-policy/explore/overview-minors-consent-law. Grilo SA, Catallozzi M, Santelli JS, Yan H, Song X, Heitel J, et al. First, we want to make sure that adolescent patients have access to health care to make sure that they are healthy and safe. Con: Healthcare data security concerns Patient portals, generally speaking, are a health IT interface on which patients can view their own protected health information (PHI). Society for Adolescent Health and Medicine. Committee on Adolescence, Council on Clinical and Information Technology. An EHR makes it much easier for a medical practice to track a charge for each procedure performed. Second, we want to make sure that they have had the opportunity to learn to talk with a doctor by themselves so that when they are young adults, they are prepared to communicate and advocate for what they need. American College of Obstetricians and Gynecologists. Being aware of alternate health care referral centers for free or substantially decreased costs may be of benefit for the adolescent if there is a risk of billing disclosure. In addition, some states have statutes that require reporting of abuse of hospital patients or long-term care patients, elder abuse, spousal abuse, and domestic abuse. All Rights Reserved. While gaining the adolescents trust, we still encourage them to discuss issues with their parents or guardians. Confidentiality for adolescents accessing health care is complex, and concerns about lack of confidentiality can be a barrier to receiving appropriate care 2 3. Using technology to deliver health care has several advantages, including cost savings, convenience, and the ability to provide care to people National Academies Press. Pediatrics 2017;140:e20172858. WebPros And Cons Of Sarbanes-Oxley Act Of 2002. HIPAA are essential to review periodically to understand your rights as a patient under this legislation. At least one court has held that a physician may have a duty to disclose genetic information about a patient to immediate family members. Pharmacy and Therapeutics, 39(7), 491. Thompson LA, Martinko T, Budd P, Mercado R, Schentrup AM. The maintenance of patient confidentiality may be affected by the widespread adoption and integration of electronic health records (EHRs) in clinical care, which may necessitate a closer evaluation of the unique challenge this presents for providers of adolescent health care. But what if a patient threatens suicide? The American College of Obstetricians and Gynecologists offers the following recommendations and conclusions: Confidential care for adolescents is important because it encourages access to care and increases discussions about sensitive topics and behaviors that may substantially affect their health and well-being. Telehealth refers to providing healthcare services outside the bounds of a WebInformed consent in medical ethics is commonly viewed as the key to respecting patient autonomy. Available at: National Institute for Health Care Management. The other advantage of privacy is that will enable an individual to alter peoples behavior with other people. Obstetriciangynecologists and other health care providers should be active in educating their staff and patients regarding the confidentiality of services. Private information, especially if identifiable, should only be disclosed to the third party with the consent of the patient. During this era of increased socialized medicine, it has come with its pros and cons on the confidentiality, rights, safety, and the security of patients. The Pros of Using AI. (Monday through Friday, 8:30 a.m. to 5 p.m. Forgone health care among U.S. adolescents: associations between risk characteristics and confidentiality concern. Legal Restrictions and Terms of Use: Because It Works, Nature Documentaries Could Help Save the Planet, Use of this site is your Agreement to the Terms. Another problem, however, Because online therapy involves communication via computers or mobile devices, it has security issues Do not share any client information on social media sites. Cons: A single-payer system can be more costly, as it allows doctors and health care facilities to negotiate the terms of their contracts. Guttmacher Institute. Report confidentiality breaches to collaborative relationship to better protect the public health, safety and welfare. With respect to children under 18, however, these protections are generally thought to be appropriate, particularly in cases when a physician may suspect a child's injury he or she has been called upon to treat may be the result of child abuse. Statutes vary by state, but minors may become emancipated when they marry, serve in active duty in the U.S. military, or obtain a declaration from the court. A., & Arora, V. M. (2013). For products jointly developed with other organizations, conflict of interest disclosures by representatives of the other organizations are addressed by those organizations. 803. ABSTRACT: Confidential care for adolescents is important because it encourages access to care and increases discussions about sensitive topics and behaviors that may substantially affect their health and well-being. Implementation toolkit. WebCharge capture refers to tracking each charge to a patient for medical services given. What you tell your doctor, lawyer, or psychologist is supposedly protected information that cannot be shared with others, no matter how intimate, gory, or revealing it may be. Fidelity-based confidentiality suggests that physicians have an obligation not to disclosure information shared with them in their medical role. Obstetriciangynecologists should make clear to the patient what limitations, if any, exist in the EHR system. Sarbanes-Oxley Act of 2002 is a law enacted by US congress in July 30, 2002. Because research allows better treatments to be developed and in this way serves the general public, it seems reasonable that disclosure should be permissible under certain circumstances, provided that individuals have the option of remaining anonymous. ACOG does not guarantee, warrant, or endorse the products or services of any firm, organization, or person. Obstetriciangynecologists are encouraged to ensure conversation time alone with adolescents to clarify the adolescents privileges regarding the release of information and to obtain appropriate and preferred contact method. The problem is that personal information (which is whats at stake with medical confidentiality) is not protected at law in the same way ones home or bodily integrity is protected. Jessica Wilen Berg is Professor of Law and Bioethics, Case Western Reserve University's School of Law and at the Department of Bioethics, Case Western Reserve School of Medicine, Cleveland, OH. It is not intended to substitute for the independent professional judgment of the treating clinician. WebHere are some Pros and Cons of personal health records: Pros: Correction of medical errors within the medical record was possible Patients had a broader knowledge base of their health concerns and decreased utilization of healthcare services Opportunities were provided for increased effective communication between patients and physicians In practice, the major issue that faces health care providers and patients is the health care providers ability to provide confidential care using EHRs, such as when parents or guardians have the ability to access some of their adolescents health information when comprehensive health services are provided and billing systems generate statements that detail confidential services (eg, problem lists, laboratory tests, or prescriptions). This will allow patients to create their own direct access to their record, rather than through a parent or guardian. Leawood, KS: AAFP; 2018. *For more information, see Guttmacher Institute. Statutes on the rights of minors to consent to health care services vary by state, and obstetriciangynecologists and other health care providers should be familiar with the regulations that apply to their practice. The U.S. Supreme Court has stated that "disclosures of private medical information to doctors, to hospital personnel, to insurance companies, and to public health agencies are often an essential part of modern medical practice." So there are a couple of questions that are up for debate. The sharing of medical information is one of the most complicated areas, and most patients are not even aware of the extent to which information about their care is shared within a hospital setting. Pros: Salaries might be lower than in other practice settings, but there are often added benefits, including more time off and better retirement options. Additionally, it is costly for vendors to develop and maintain the levels of mandated confidentiality because the laws regarding confidentiality vary by state 4. J Adolesc Health 2004;35:1607. Gray SH, Pasternak RH, Gooding HC, Woodward K, Hawkins K, Sawyer S, et al. WebConfidentiality refers to protection of privileged and private information shared during a health care encounter and in medical records that document the encounter 1. This is because; if an individuals privacy is not protected or guaranteed, people find it hard to give complete and candid information about their health even to their own personal physicians leave alone to the insurer. The consequences of undermining this duty of confidence would be damaging to the individuals health and treatment. Obstetriciangynecologists and other health care providers should be active in educating their staff and patients regarding the confidentiality of services. But genetic information does have implications for the health of blood relatives. Mature minor: An adolescent younger than the age of majority who, even if living at home as a dependent, demonstrates the cognitive maturity to give informed consent. Bell SK, Mejilla R, Anselmo M, Darer JD, Elmore JG, Leveille S, et al. 803. Protect against reasonably anticipated, impermissible uses or disclosures. Retrieved November 15, 2019. 4th ed. WebWhich type of survey should I use? In other words, socialized medicine is one of the many forms of social insurance. American College of Obstetricians and Gynecologists Any potential conflicts have been considered and managed in accordance with ACOGs Conflict of Interest Disclosure Policy.

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pros and cons of confidentiality in healthcare