All providers must be ever-vigilant to balance the need for privacy. Maintaining confidentiality is becoming more difficult. While information technology can improve the quality of care by enabling the instant retrieval and access of information through various means, including mobile devices, and the more rapid exchange of medical information by a greater number of people who can contribute to the care and treatment of a patient, it also can increase the risk of unauthorized use, access and disclosure of confidential patient information.
Within healthcare organizations, personal information contained in medical records now is reviewed not only by physicians and nurses but also by professionals in many clinical and administrative support areas.
It is imperative that all readers consult their own state patient privacy law to assure their compliance with their own law, as ACHE does not intend to provide specific legal guidance involving any state legislation. When consulting their own state law it is also important that all providers confirm state licensing laws, Joint Commission Rules, accreditation standards, and other authority attaching to patient records. All of these will be referred to collectively as "State Law" for the remainder of this Policy Statement.
Protected health information PHI can be used or disclosed by covered entities and their business associates subject to required Business Associate Agreements in place for treatment, payment or healthcare operations activities and other limited purposes, and as a "permissive disclosure" as long as the patient has received a copy of the providers Notice of Privacy Practices, has signed acknowledgement of that Notice, the release does not involve Mental Health Records, and the disclosure is not otherwise prohibited under state law.
Mental Health records are included under releases that require a patient's specific consent their "Authorization" for disclosure, as well as any disclosures that are not related to treatment, payment or operations, such as marketing materials.
All providers should be sure their Authorization form meets the multiple standards under HIPAA, as well as any pertinent state law. While media representatives also seek access to health information, particularly when a patient is a public figure or when treatment involves legal or public health issues, health care providers must protect the rights of individual patients and may only disclose limited directory information to the media.
Society's need for information rarely outweighs the right of patients to confidentiality. In order to disclose patient information, healthcare executives must determine that patients or their legal representatives have authorized the release of information or that the use, access or disclosure sought falls within the permitted purposes that do not require the patient's prior authorization.
Healthcare executives must implement procedures and keep records to enable them to "account" for disclosures that require authorization as well as most disclosures that are for a purpose other than treatment, payment or health care operations activities. Patients have the right to request and receive an accounting of these accountable disclosures under HIPAA or relevant state law.
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The information and materials contained on this website are not intended to constitute a comprehensive guide concerning all aspects of the therapy, product or treatment described on the website. All users are urged to always seek advice from a registered health care professional for diagnosis and answers to their medical questions and to ascertain whether the particular therapy, service, product or treatment described on the website is suitable in their circumstances. The State of Victoria and the Department of Health shall not bear any liability for reliance by any user on the materials contained on this website.
Skip to main content. Planning and coordinating healthcare. Home Planning and coordinating healthcare. Confidentiality and privacy in healthcare. Actions for this page Listen Print. Summary Read the full fact sheet. On this page. Medical confidentiality Medical confidentiality is a set of rules that limits access to information discussed between a person and their healthcare practitioners.
Privacy in healthcare Privacy in a healthcare situation means that what you tell your healthcare provider, what they write down about you, any medication you take and all other personal information is kept private.
Exemptions to privacy laws There are two types of situations where a health service may use or share your health information without your consent. Managing your own health information You own your health information and decide who can access it. Consent, medical treatment and health records in hospital When you go to hospital, you can choose to give the staff access to your health records.
Your responsibilities about confidentiality and privacy You can discuss your health and healthcare with anyone you choose, but you need to keep in mind that people who are not your healthcare providers are not bound by confidentiality rules. Breaches to your privacy or confidentiality If you think a healthcare provider is breaking or abusing your privacy or confidentiality, your first step is to ask them about it directly.
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