Question

With the HIPAA laws, much emphasis has been placed on the patient’s privacy rights and the requirements of the health care organization (a covered entity) to ensure privacy of protected health information:

• When there is a breach of privacy, has a breach of fiduciary duty occurred? Discuss please. Thanks

Answer 1

Fiduciary duty refers to the party’s responsibility to act in the best interest of another party. Breach of privacy becomes breach of fiduciary duties when health care data and information privacy is shared for the best of the third party like physician, or any other health care proffessional but to for the betterment of the patient. Some of information cand be shared among health care proffessional for the betterment of the patient and that too with patient concert is not regarded as breach fiduciary duty. But when it is done for the personal benefit of the third party and not the patient it is breach of fiduciary duty and the organisation id liable for dishonouring patient's privacy.