Health care law - confidentiality

Question 1

with patient-doctor confidentiality, information is privileged UNLESS ____________________

Answer 1

• patient waives privilege - wants physician to testify
• statutory exception - condition at issue
• public safety (abuse of child or dependent adult)

Question 2

what are the requirements that must be met to be privileged in confidentiality?

Answer 2

• physician-patient relationship
• information acquired during the course of the relationship
• information must be necessary and proper for physician to treat patient

Question 3

when is confidentiality NOT privileged?

Answer 3

• court-ordered evaluation

- IME - independent medical evaluation

Question 4

how did state v johnson 1991 affect privileged information?

Answer 4

• the only information confidential is information necessary to treat

Question 5

each divorced parent has a right to a minor child’s medical record unless ___________

Answer 5

• divorce decrees prohibits

- parental rights have been terminated

Question 6

can a minor authorize release of his or her medical records? can they consent to treatment?

Answer 6

• medical record release: no

- consent to treatment: no

Question 7

minors may receive treatment WITHOUT parental consent for ____________

Answer 7

• STDs
• contraceptives
• testing for HIV BUT if positive, legal guardian must be notified
• substance abuse

Question 8

how do clinics usually get into trouble with minor confidentiality?

Answer 8

billing practices

Question 9

what are the exceptions to absolute confidentiality?

Answer 9

• public health

- mandatory reporting (STDs, suspected child abuse)

Question 10

what areas have increased level of confidentiality?

Answer 10

• mental health records
• substance abuse records
• HIV related records

Question 11

what is the purpose of a subpoena? is it a court order?

Answer 11

• mechanism to force the release of records

- it is NOT a court order

Question 12

in order to obtain medical record release via subpoena, what must happen?

Answer 12

must be accompanied by a release (judge signature)

Question 13

a court will quash a subpoena if requires:

Answer 13

• disclosure of privileged or otherwise protected matter and
• no exception or waiver applies

Question 14

does the board of medical examiners have a statutory right to records? what about mental health and substance abuse records?

Answer 14

• yes

- yes

Question 15

what should you do if you receive a complaint or “heads up” from BME?

Answer 15

• do NOT respond alone
• call insurance company and/or your attorney
• get help
• avoid pitfalls