Obstet Gynecol 2020;135:e4350. Given the health concerns, at least one court has held that a physician may have a duty to disclose genetic information about a patient to immediate family members. Do not share any client information on social media sites. Technology Improving Healthcare in Hospitals: 4. Ensure compliance by their workforce. They are required to keep information about patients health private unless the patient give permission to release his/her health information (De Bord et al, 2013). Obstet Gynecol 2020;135:e1717.This information is designed as an educational resource to aid clinicians in providing obstetric and gynecologic care, and use of this information is voluntary. Any updates to this document can be found on acog.org or by calling the ACOG Resource Center.While ACOG makes every effort to present accurate and reliable information, this publication is provided as is without any warranty of accuracy, reliability, or otherwise, either express or implied. As adolescents navigate this important developmental period, obstetriciangynecologists should engage with them and promote best practices that protect adolescents vulnerability and assist them in developing autonomy. The right of a mature minor to consent to medical care without previous parental or guardian consent has been recognized in many states.*. Ethical theories provide many different ways to view confidentiality laws. *For more information, see Guttmacher Institute. Chapel Hill (NC): Center for Adolescent Health and the Law; 2010. Committee on Adolescence, Council on Clinical and Information Technology. 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. Knowing what confidentiality laws in your area cover can help you make informed decisions about how your information is shared. It builds trust: Experimenting with a range of behavior is common among adolescents and young adults. An EHR makes it much easier for a medical practice to track a charge for each procedure performed. The bill consists of 11 sections and was No part of this publication may be reproduced, stored in a retrieval system, posted on the internet, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without prior written permission from the publisher. Most EHRs were not designed to provide item-specific control over parental or guardian access and release of adolescent health care information. Standards for health information technology to ensure adolescent privacy. Gray SH, Pasternak RH, Gooding HC, Woodward K, Hawkins K, Sawyer S, et al. Other states have consent laws that include substance misuse treatment, pregnancy prevention and care, and, sometimes, abortion services, mental health care, and emergency care. 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. Additionally, it is costly for vendors to develop and maintain the levels of mandated confidentiality because the laws regarding confidentiality vary by state 4. 2023 My Superior Paper. Literature discussing confidentiality and AIDS patients supports the notion that health care professionals (including counselors) have a duty to warn and protect at-risk third parties. Whether or not to disclose personal medical information is often said to be a balancing act between the benefits of keeping confidentiality and the benefits of waiving it. Did you know that according to the Social Security Administration, 1 in 4 of todays 20-year-old Americans In the next section, we will look at the circumstances under which confidentiality may be broken. The American College of Obstetricians and Gynecologists recommends that a chaperone be in the room during the physical examination, as well as during diagnostic studies such as transvaginal ultrasonography 11. 796. Confidentiality in pediatric and adolescent gynecology: when we can, when we can't, and when we're challenged. If the EHR system does not allow for procedures to maintain adolescent confidentiality, the obstetriciangynecologist or staff should inform the patient that parents or guardians will have access to the records, and the patient should be given the option of referral to a health care provider who is required to provide confidential care. The minor can consent to medical, dental, or psychiatric care. Employed physician in academic institution. Therefore during this era of socialized medicine; the providers should ensure that they put in place measures that would guarantee the privacy, security, rights, and confidentiality of the patients. They argue that a right to health care would stop medical WebThe Pros And Cons Of Confidentiality Soapstone Formal Analysis. Whether or not to disclose personal medical information is often said to be a balancing act between the benefits of keeping confidentiality and the benefits of waiving it. 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. The final category, waiving confidentiality for research purposes is a little bit different, but even here the goal is linked to health specifically advancing general knowledge so as to achieve future health benefits. 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. 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. However, there are some circumstances when it is necessary for the obstetriciangynecologist to share private information with a parent or guardian or others. What Is Supplemental Disability Insurance? These registries are usually kept confidential, and in many cases the information is kept separately from any individually identifying information. 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). Protecting confidential health services for adolescents and young adults: strategies and considerations for health plans . Cons: Physicians have less autonomy and less continuity with patients. Often her small private room was crowded with family, friends, and loved ones. 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. This can actually slow their recovery. Many Definitions of Patient Confidentiality, When You Cannot Expect Medical Information to Remain Confidential. Although confidentiality routinely is practiced in adult medical care, this standard may be perceived differently by a parent or guardian when it involves the health care concerns of the adolescent. Shared decision making between patient, parent or guardian, and health care provider, when possible, is the goal in order to optimize the adolescents medical care 13. 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. you may experience negative reactions ranging from maltreatment to a breach of confidentiality and even to unfair dismissal. It is unclear how this issue affects confidentiality, and, many states have been hesitant to extend such a duty to health professionals. Measures to ensure protection will vary based on the EHR system capabilities and institution-specific policies. This essay examines the pros and cons of the confidentiality, safety, rights, and the security of patients in an era of increased socialized medicine. At least one court has held that a physician may have a duty to disclose genetic information about a patient to immediate family members. This may mitigate the intimidation some patients may experience from parents or guardians. Potential for disclosure of laboratory results, prescriptions, and diagnoses may occur with itemized explanation of benefits statements. Confidentiality extends beyond reproductive health for minors. All rights reserved. On the other hand, in contrast to other definitions, the AMA immediately recognizes a number of exceptions to confidentiality, which include reporting of threats to inflict serious bodily harm on others, certain communicable diseases, and gunshot wounds or knife wounds. Confidentiality is a fundamental right and is of paramount importance in our healthcare system. In the medical field, confidentiality even dates back to the Hippocratic Oath, but there are many updated versions of confidentiality, defined by various medical associations around the word. When a patient turns 18 years old, allow EHR systems to reset the patient as an adult. WebPros And Cons Of Sarbanes-Oxley Act Of 2002. Many people are familiar with the idea of confidentiality as an integral part of the professional code of ethics in the legal, medical, and mental health fields. WebCharge capture refers to tracking each charge to a patient for medical services given. This information should not be considered as inclusive of all proper treatments or methods of care or as a statement of the standard of care. Bulk pricing was not found for item. These are the kinds of questions that are important to consider, and difficult to answer using legal theories of confidentiality. The Importance of Supplemental Disability Insurance. 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. Abstract. Its just a matter of figuring out under what circumstances disclosures should occur. This article explores the use of telehealth and the ability to provide health care to patients through interactive technology and telecommunication tools. Although laws vary by state, all minors have a right to some confidential health care. All rights reserved. Leawood, KS: AAFP; 2018. 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. WebWhich type of survey should I use? Lehrer JA, Pantell R, Tebb K, Shafer MA. BMJ Open 2016;6:e010034. 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. We may have to disclose private information to protect a patients safety. Hospitals and office-based systems that currently use or are initiating OpenNotes should take steps to ensure that adolescent confidentiality is protected. National Academies Press. 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). BMJ Qual Saf 2017;26:26270. consultation with a healthcare professional. Sexual misconduct. Another problem, however, is what to do regarding the patient who has discovered a breach of confidentiality. Ensuring the confidentiality and security of patients data is primordial to the Confidentiality refers to protection of privileged and private information shared during a health care encounter and in medical records that document the encounter 1. 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. Variations in practice may be warranted when, in the reasonable judgment of the treating clinician, such course of action is indicated by the condition of the patient, limitations of available resources, or advances in knowledge or technology. Obstetriciangynecologists and other health care providers who care for minors should be aware of federal and state laws that affect confidentiality. WebSolution for Explain the pros and cons of multipurpose pins on microcontrollers. 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. Reduction in Medical Errors: 5. Statutes and regulations regarding medical record information should be updated to ensure this standard is achieved. During this era of socialized medicine, there are both pros and cons of confidentiality, rights, safety, and the security of the patients. J Adolesc Health 2016;58:13440. Health Plans: Any individual or group plan that provides or pays the cost of health care. Rights-based theory states that patients have a right to control how their medical information is used. Obstet Gynecol 2014;123:38993. A., & Arora, V. M. (2013). Over time, however, regulations have been developed to protect the privacy and security of certain health information. For patients ages 18 and older, require a signed release of information for a parent or guardian to ask health questions about the adolescent by telephone. 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. The most obvious examples of public health concerns outweighing individual rights to confidentiality are from contagious disease cases. J Adolesc Health 2007;40:21826. In fact, quite a lot of personal information is not protected at all. What Is Supplemental Disability Insurance? Legal Restrictions and Terms of Use: 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. 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. Any concerns the patient has regarding the presence of a chaperone should be elicited and addressed if feasible. An overview of consent to reproductive health services by young people. Adolescents also have rights to receive health care independently under legal principles such as mature minor and emancipated minor Box 2. Miscommunication during handovers can lead to unnecessary Marcell AV, Burstein GR. Confidentiality in adolescent health care. As your adolescents doctor and as the parent (or guardian), we have two roles here. If a person is under covered by this social health care insurance, this may hamper the life of this individual. The average increase in per-patient charges is $11.09 and patient collections have increased by $11.48 on average. As a last resort, the health care provider should consider referral if confidential care cannot be provided. Limiting parental or guardian access to information about certain personal issues such as sexuality, substance abuse, and mental health concerns allows adolescent patients to be more comfortable talking with their health care providers about these issues. J Adolesc Health 2014;54:48790. Any concern for a HIPAA violation should be addressed by individual health care systems. Pros of the Confidentiality, Safety, Rights, and the Security of Patients in an Era of Increased Socialized Medicine There are numerous reasons for ensuring that there is protection of the privacy, security, and confidentiality of the health information.
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