Unit 5 Discussion - Domko
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Park University *
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Course
517
Subject
Health Science
Date
Dec 6, 2023
Type
docx
Pages
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Uploaded by DeanTankMonkey27
Memo
Date:
11/15/2023
To:
Chief Medical Officer
From:
Chief IT
RE:
Communicable Disease Reporting of Employee Patients
Problem:
According to Toolwire (n.d.), a member of the board has been
diagnosed with a reportable disease and has asked to have it expunged
from his health record.
Reason
for
Recommendation:
To prevent violation of law and create a
delineation between employee health records and patient health records.
Module 5:
Ethical Decision-Making
HA518
A
1
Confidentiality
Keri M. Domko
Park University
HA517DL
:
Legal and Ethical Issues in Healthcare Administration
Dr. James Baird
November 15, 2023
Module 5:
Ethical Decision-Making
HA518
A
2
Problem Statement
Recently, one of the Community Health Center’s (the Center) patients has
tested positive for Syphilis, which is required by state law to be reported to the
Department of Health and Human Services (DHHS). This patient happens to be
on the Center’s Board of Directors and has asked that the lab result be expunged
from his health record.
Recommendations
It is recommended that the Center follow HIPPA laws as well as state
laws. HIPPA laws do not prevent the reporting of communicable diseases to
DHHS as required by the state. (OCR, 2023) The Health and Human Services
Office of the Inspector General (HHS OIG) provides for criminal prosecution to
providers and/or organizations that knowingly disregard mandated reporting
(HHS Office of Inspector General, 2021).
It is also recommended that the Center creates a separate for health records
for employees and patients. If a patient is also an employee, occupational health
records should be maintained separately from the patient records and patient
records should be marked as sensitive in nature. Any record that is flagged as
sensitive should flag the privacy officer for review as records should not be
viewed without proper reason to do so.
Separating records in this fashion would have the Board member’s patient
health record flagged as sensitive and only those with a need-to-know basis within
the organization would be able to see the sensitive information. If the lab test was
part of occupational health, then the only people that would be able to view this
result are the occupational health providers rather than the patients primary care
provider.
Summary
Both HIPPA laws and Mandated Reporting laws have a purpose in the
medical community. Unfortunately, due to mandated reporting laws, the provider
has no choice but to report the Board member’s test result to DHHS (HHS Office
of Inspector General, 2021).
Laws are in place to protect not only the patient’s
privacy but the health of the community as well. While the Board member might
Module 5:
Ethical Decision-Making
HA518
A
3
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have some humiliation due to the lab results, his humiliation should not outweigh
the integrity nor the criminal culpability of the provider or the Center.
References
(OCR), O. for C. R. (2023).
294-must a health care provider obtain permission from a patient
prior to notifying public health authorities of a reportable disease
. HHS.gov.
https://www.hhs.gov/hipaa/for-professionals/faq/294/must-a-health-care-provider-obtain-
permission-to-notify-public-health-authorities/index.html#:~:text=No.%20All%20States
%20have%20laws%20that%20require%20providers,Rule%20permits%20disclosures
%20that%20are%20required%20by%20law.
HHS Office of Inspector General. (2021, December 9).
Compliance
. Office of Inspector General
| Government Oversight | U.S. Department of Health and Human Services.
https://oig.hhs.gov/compliance/
Toolwire. (Producer). (n.d.). Health Care Ethics: Navigate 2 Scenario: Confidentiality. (Scenario)
[Video file]. Https://canvas.park.edu/courses/77636/modules/items/557056
Module 5:
Ethical Decision-Making
HA518
A
4