The CEO Of A Healthcare Facility Has Asked You To Develop

The Ceo Of A Healthcare Facility Has Asked You To Develo

Instructions: The CEO of a healthcare facility has asked you to develop a diversity awareness training program for employees of the hospital as it pertains to the legal and ethical implications of health information. You will create a PowerPoint presentation discussing the rights and obligations of the healthcare workforce regarding access and disclosure of health information and summarizing the issues related to managing the release of information. You will complete the PowerPoint by outlining thoroughly researched responses from this module’s Reading to the following questions/topics:

— Who owns the patient’s health record?

— What are access and disclosure rights of competent and incompetent adults?

— When are minors allowed to authorize access or disclosure of their own health information?

— How is sensitive information related to behavioral health, substance abuse, HIV/AIDS, Adoption, STDs, and other communicable diseases and genetics protected from unauthorized access and disclosure?

— What does the legal concept of “duty to warn” refer to and how does it relate to the issue of disclosure of patient information?

— What must a healthcare provider do to ensure proper release of patient information?

— Evaluate the possible assumptions, biases, and stereotypes that relate to disease conditions. Need a cover slide and Refrence slide 9 to 12 slides

Paper For Above instruction

The integrity and confidentiality of health information are cornerstones of ethical healthcare practice. Developing a comprehensive understanding of the legal and ethical implications surrounding health information is essential for healthcare workers to provide respectful, lawful, and ethically sound care. This paper explores critical issues related to the ownership of health records, patient rights to access and disclose information, protections for sensitive data, and ethical responsibilities involved in managing patient information within the healthcare setting.

Ownership of the Patient’s Health Record

The question of who owns the patient's health record is complex and varies by jurisdiction. Typically, the healthcare provider or facility maintains ownership of the physical record or electronic data; however, the patient has legal rights to access and control the information contained within. The concept of "ownership" does not imply proprietary rights but emphasizes the patient's legal entitlement to access and privacy (Himmelstein & Woolhandler, 2016). The Health Insurance Portability and Accountability Act (HIPAA) in the United States underscores that while healthcare providers maintain control over records, patients have rights to review and obtain copies of their health information (U.S. Department of Health & Human Services, 2020). This duality balances the provider’s custodial responsibilities and patients’ rights, emphasizing informed consent and privacy rights as central to health record management.

Access and Disclosure Rights of Adults

Adult patients with decision-making capacity possess the right to access their health records and can authorize disclosures as they see fit. Legally, healthcare providers are obliged to honor valid authorization, barring any restrictions under applicable laws. For incompetent adults—those lacking decision-making capacity—access and disclosure rights often fall to legal representatives or appointed guardians. The healthcare provider must ensure that disclosures align with the best interests of the patient and comply with legal statutes, such as the Mental Capacity Act in the UK or the Americans with Disabilities Act (ADA) in the US (Appelbaum, 2007). These frameworks aim to protect incapacitated adults’ privacy while balancing legal obligations to disclose necessary information for ongoing care or legal proceedings.

Minor’s Authorization of Health Information

Minors' rights to authorize access or disclosure of their health information vary depending on jurisdiction, age, and the nature of the health condition. Generally, minors can consent to certain health treatments—particularly concerning sexual health, substance abuse, mental health, and reproductive health—without parental approval (Kerr, 2016). Laws such as the Title X family planning provisions allow minors to access reproductive health services confidentially. However, parental rights typically supersede minors’ decisions in severe cases or depending on state laws. Healthcare providers must navigate these legal nuances carefully, balancing minors' confidentiality rights with parental rights and legal statutes governing consent and disclosure (Levine & Shefer, 2019).

Protection of Sensitive Information

Data related to behavioral health, substance abuse, HIV/AIDS, STDs, genetic testing, and other sensitive health information requires heightened safeguards from unauthorized access and disclosure. Laws like HIPAA impose strict standards for privacy and security, including encryption, secure transmission, and limited access based on the minimum necessary principle (U.S. Department of Health & Human Services, 2020). Additional protections are provided by specific regulations such as 42 CFR Part 2, which governs the confidentiality of substance use disorder treatment records. Ensuring these protections involves staff training, robust data security measures, and strict adherence to policies that restrict access to individuals with a legitimate need (Gostin et al., 2015).

The Duty to Warn and Disclosure of Patient Information

The legal concept of “duty to warn” obligates healthcare providers to breach confidentiality when there is a credible threat of harm to the patient or others. Originating from Tarasoff v. Regents of the University of California, this duty requires providers to disclose pertinent information to authorities or potential victims if a foreseeable risk exists (Tomes & Leven, 2000). The challenge lies in balancing the patient’s right to privacy with protecting third parties from harm. Clear institutional policies, patient assessments, and legal consultation are necessary to navigate such disclosures ethically and lawfully.

Proper Release of Patient Information

To ensure proper release of health information, healthcare providers must verify the identity of requestors, confirm valid authorization or legal mandates, and document all disclosures accurately. The process includes securing written consent, explaining the scope of information released, and ensuring compliance with applicable privacy laws (Mitchell et al., 2019). Additionally, providers must train staff to recognize when disclosures are permissible and how to handle sensitive data appropriately. Maintaining audit trails and confidentiality agreements further ensures transparency and accountability in information release.

Evaluating Stereotypes and Biases

Healthcare professionals must be aware of potential assumptions, stereotypes, and biases related to disease conditions, which can influence treatment decisions and patient interactions. For instance, stigmatization of mental health issues, HIV/AIDS, or substance use disorders can lead to discriminatory practices and compromised care (Corbie-Smith et al., 2017). Cultural competence training is vital in mitigating these biases. Recognizing personal biases and fostering an environment of respect and nonjudgmental care promotes equitable treatment and enhances patient trust, ultimately improving health outcomes.

Conclusion

Managing health information ethically and legally requires healthcare workers to understand ownership rights, patient preferences, confidentiality protections, and their obligations under the law. Awareness of these issues ensures that providers uphold patient dignity, promote trust, and protect sensitive information from unauthorized access or disclosure. As the landscape of healthcare evolves with new laws and technologies, continuous education and adherence to best practices are imperative for ethical health information management.

References

  • Appelbaum, P. S. (2007). Assessment of patients' competence to consent to treatment. New England Journal of Medicine, 357(18), 1834-1840.
  • Corbie-Smith, G., et al. (2017). Addressing health disparities through cultural competence training: Challenges and strategies. Journal of Healthcare Management, 62(1), 19-27.
  • Gostin, L. O., et al. (2015). Public health law: Power, duty, responsibility, and authority. University of California Press.
  • Himmelstein, D. U., & Woolhandler, S. (2016). The ethical basis of medical records ownership. Journal of Medical Ethics, 42(4), 220-224.
  • Kerr, J. (2016). Consent and confidentiality in adolescent healthcare. Journal of Pediatric and Adolescent Gynecology, 29(4), 332-336.
  • Levine, A., & Shefer, A. (2019). Legal aspects of minors' consent to medical care. Pediatric Clinics of North America, 66(2), 295-308.
  • Mitchell, P., et al. (2019). Ensuring confidentiality in health information systems. Journal of Health Informatics, 15(3), 157-165.
  • Tomes, N., & Leven, C. (2000). The duty to warn and confidentiality: The Tarasoff decision. California Law Review, 88(5), 1323-1342.
  • U.S. Department of Health & Human Services. (2020). Summary of the HIPAA Privacy Rule. https://www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/index.html

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