Privacy and confidentiality

Question 1

What is confidentiality?

Answer 1

Concerns the communication of private and personal information from one person to another with the expectation that the recipient of the info will not ordinarily disclose the confidential information to third persons

Question 2

What is privacy?

Answer 2

Limiting access of others to one’s body or mind

Question 3

What is privileged communication?

Answer 3

a private statement that must be kept in confidence by the recipient for the benefit of the communicator

Question 4

What do all three concepts of confidentiality, privacy, and privilege have in common?

Answer 4

The idea of limiting access of others in certain respects

Question 5

Does being the giver of privilege mean the same as the being keeper of privilege?

Answer 5

Can be

Question 6

(blank) refers to singular features of persons, whereas (blank) refers to relational contexts involving two or more persons (privacy/confidentiality)

Answer 6

Privacy refers to singular features of persons, whereas confidentiality refers to relational contexts involving two or more persons.

Question 7

Why is it that privacy must be foregone in order to have confidentiality?

Answer 7

Confidentiality involves two or more people

Question 8

What is fiduciary responsibility?

Answer 8

When a vulnerable person vests confidence in another, that person is required to act at all times for the sole benefit of the person

Question 9

What are the six exceptions to the duty of confidentiality?

Answer 9

1. Patient permission
2. Danger to public or others
3. Mandatory reporting
4. Legal process
5. for payment
6. Independent medical eval (consult)

Question 10

What are the three entities covered by HIPPA?

Answer 10

Health plan
Healthcare clearinghouse
Healthcare provider

Question 11

Who owns the medical record?

Answer 11

Physical paperwork = physician’s

Information = patient’s

Question 12

Does the patient have the right to access their chart? Can they make changes?

Answer 12

Yes, but they can only request changes

Question 13

What is a minor?

Answer 13

A child under 18 y.o. and is unmarries, childless, not living separately, and is not financially independent

Question 14

Can minors authorize the release of medical records?

Answer 14

Generally no

Question 15

Minors cannot consent to treatment except in what cases?

Answer 15

STD testing
Contraception
substance abuse

Question 16

In most jurisdictions, can HIV testing be done privately?

Answer 16

Yes, but must inform parents if positive

Question 17

Each parent in a divorced relationship has access to their child’s record unless what? (3)

Answer 17

1. child is seeking drug tx, STDs
2. divorce decree prohibits one parent from access
3. Parental rights have been legally terminated

Question 18

Do step parents have a right to a child’s medical records?

Answer 18

Not unless natural parents have signs consent allowing for it

Question 19

Does the board of medical examiners have right to access to all medical records for everyone?

Answer 19

Yes

Question 20

What are the three statues that require mandatory reporting by physicians?

Answer 20

1. STDs
2. gunshot/stab wounds
3. suspected child or adult abuse