IHP-420-X3057 Ethical & Legal Considerations 24EW3 4-1 Discussion response to peer #1

THE DISCUSSION WAS:
A physical therapist receives a phone call from a woman demanding to know when her daughter-in-law’s next appointment is. The therapist tells the woman that she cannot disclose any information, and the woman becomes very angry and abusive, threatening to make a complaint. After the phone call, the therapist logs into the electronic medical record system to make a note about the conversation. However, since the two women share the same last name, the therapist accidentally accesses the woman’s record instead of the daughter-in-law’s record. The therapist realizes the mistake, but not before spotting that the woman suffers from a serious mental health disorder, which might explain her behavior on the phone. The therapist mentions to her supervisor the possibility of a complaint being brought and also mentions that the woman has a history of mental health problems. Do you feel that there has been a breach of confidentiality? Why or why not? How should the supervisor handle this situation? Should the patient be notified?

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In your responses to your peers, indicate whether you agree with them about the way the situation was handled, and explain why or why not.

I WILL PUT WHAT I SAID FOR THE DISCUSSION IN THE FILES

HERE IS WHAT THE PEER SAID:

Concerns regarding a possible confidentiality breach are raised in the example supplied by the physical therapist’s inadvertent access to a patient’s mental health records. The American Physical Therapy Association’s (APTA) Code of Ethics and Professional Conduct and the Health Insurance Portability and Accountability Act (HIPAA) serve as the foundation for this examination.

Breach of Confidentiality:

Any unauthorized access to patient health information is deemed a breach of confidentiality under the Health Insurance Portability and Accountability Act (HIPAA) (Act, 2023). Since the woman’s mental health information was outside the purview of the initial investigation, the therapist’s unintentional access to it in this instance represents a breach.

Handling the Situation:

The APTA Code of Ethics and Professional Conduct emphasizes the importance of professionalism and integrity in the practice of physical therapy (APTA, 2022). In light of this, the supervisor should address the breach promptly, following the principles outlined in both the APTA Code of Ethics and HIPAA. The therapist should be counseled on the necessity of double-checking patient information to prevent similar errors in the future. Additionally, the supervisor should stress the legal and ethical implications of breaching patient confidentiality.

Notifying the Patient:

HIPAA regulations mandate that patients be informed of any unauthorized access to their health information (Act, 2023). Therefore, the patient should be promptly notified about the incident. Open communication is crucial in maintaining trust between healthcare providers and patients. Transparency about accidental access can help mitigate any potential harm and demonstrate the commitment to patient privacy.

Agreement or Disagreement with Peers:

In response to peers, agreement or disagreement can be framed based on the principles derived from the APTA Code of Ethics and HIPAA regulations. If a peer advocates for notifying the patient and reinforcing confidentiality protocols, agreement can be expressed, citing these ethical and legal standards. Conversely, if a peer suggests downplaying the incident, disagreement can be justified by referencing the obligations outlined in the APTA Code of Ethics and the legal requirements of HIPAA.

In summary, the handling of the situation should align with the ethical guidelines of the APTA and the legal mandates of HIPAA to ensure the preservation of patient confidentiality and trust in the healthcare system.

References
Act, A. (2023). The Health Insurance Portability and Accountability Act. Public Law. https://pdfs.semanticscholar.org/d680/fb69ef7ff6557cac7aa41d82e55c7bf3957e.pdf

The American Physical Therapy Association (APTA) Code of Ethics and Professional Conduct. (2022). https://www.apta.org/siteassets/pdfs/policies/codeofethicshods06-20-28-25.pdf

Required Resources:

Textbook: Medical Law and Ethics, Chapters 9 and 10
Chapter 9 guiding questions:

1. What are the main purposes of the medical record?
2. What are the requirements for maintaining a medical record?
3. What are the confidentiality obligations when using electronic medical record-keeping?

Chapter 10 guiding questions:

1. What are the problems associated with patient confidentiality?
2. What is the purpose of HIPAA?
3. What are the Privacy Rule and the privacy standards?

https://ezproxy.snhu.edu/login?url=https://search.ebscohost.com/login.aspx?direct=true&db=edsggo&AN=edsgcl.730600901&site=eds-live&scope=site

Read this Shapiro Library article to understand the U.S. medical privacy provisions, the HIPAA Privacy and Security Rules, which provide patients with important protections and place obligations on providers but with limitations.

https://www.hhs.gov/hipaa/for-individuals/guidance-materials-for-consumers/index.html

This webpage offers a series short videos on patient confidentiality.

https://www.ama-assn.org/practice-management/hipaa/hipaa-violations-enforcement

Review this webpage from the American Medical Association (AMA) about the consequences of not complying with HIPAA.

Additional Support (Optional):

Video: https://www.youtube.com/watch?v=QO03vlOyGco
1:51
This video includes information on the proper use of social media, email, texting, and faxing as pertaining to HIPAA law.

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