Question

Protecting Patients' Privacy in the Hospital

Read the overview below and complete the activities that follow.

Ann has been a nurse in a Texas hospital for 20 years. "When I started," she says, "we posted the names of patients on the doors to their rooms." Now, as the result of laws passed to protect the privacy of patients and the confidentiality of medical records, Ann and her coworkers must not even admit to unauthorized callers or visitors that a person is a patient in the hospital.

Case:

"When patients authorize a certain family member or friend to visit them in the hospital, we ask them to come up with a password that only the two of them know," Ann explains. "Then when that person calls to ask how the patient is doing, or shows up on the floor to visit, we ask them for the password. If they have the correct password, we can talk to them on the telephone or admit them to the patient's room." "Sometimes patients' family members call from distant states," Ann continues, "and if they don't have a password, we can't tell them a thing—not even that their loved one is a patient. We catch lots of flak from callers because of this, but it's the law, and we have to follow it." Ann admits that once in a while, if she knows a caller has been in to visit a patient, she will say, "your dad/mom is resting comfortably. But I know I'm walking a fine line when I do that, and I don't do it often." "We have to be so careful about releasing any information," Ann adds, "that when my father's dear friend was admitted to my floor in the hospital where I work, I couldn't tell him that his friend had been admitted." Ann emphasizes, however, that for certain patients, confidentiality laws are shields that they appreciate. "For example, the patient who has tried to commit suicide and failed, who doesn't want anyone to know he is in the hospital. Or the battered spouse, who doesn't want her abusive husband to find her." From Ann's perspective, because she genuinely cares about her patients, she would like to be permitted to talk more freely with family members or friends who also care about her patients. But she is duty-bound to follow the law, and she knows the benefits to patients for laws that guard their health information. From the perspective of friends and family members who call for information about a patient, the law is harsh and hard to understand. They are often angry, and ask why they are not allowed to learn the status of a friend or loved one. From the perspective of some patients, the law sometimes feels overprotective and unnecessarily intrusive, but for others it's a safety net they can depend on.

Read the case below and answer the questions.

1.) In your opinion, why have laws protecting patients' privacy become necessary?

2.) If in a position to change health care confidentiality law, what changes, if any, would you make and why?

Answer 1

1.The laws protecting patient privacy has become necessary for the following reasons

• To uphold the dignity, respect of the patient when they are in the society that they are healthy in all aspects.
• Not to be a victim of criticism which can be more painful than the actual illness
• The interest of the patient has to be protected from being disclosed unnecessarily
• To avoid stigma in case of any mental illness ,infectious disease or any chronic illness

2.The changes which can be made is

• The parents of the patient can be informed about the status .As there is a strong blood relationship and a moral concern of the parents to know how their child is doing .
• The best way to disclose confidential information is getting consent from the patient at the time of admission regarding who has to be informed regarding his health condition and treatment.