Staying Healthy: Patient Confidentiality and Texas HB 300

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Greg Garner

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May 10, 2013, 3:36:14 PM5/10/13
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Please consider this free-reprint article written by:
Greg Garner

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Article Title: Staying Healthy: Patient Confidentiality and Texas HB 300
Author: Greg Garner
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Doctors are under ethical consideration to keep patients� confidences. This includes all medical information that is revealed or discovered by a doctor in the course of patient treatment. The American Medical Association�s Code of Medical Ethics, emphasis that information given to a doctor during the patient-doctor relationship is highly confidential. A doctor�s moral duty to keep patient confidentiality provides the patient with the freedom to make full disclosure of pertinent information for adequate treatment. Patients need to know that their doctors will protect confidential health information which in turn allows a patient to be treated without restraint.

The only time that patient confidentiality should be disclosed is in regards to self-destruction, threatening others, or intimidation directed toward the attending doctor.

Medical Ethics

Ethical guidelines set out by the AMA are not binding by law. There have been ethical obligations in courts of law; however there is no provision to uphold AMA suggestions. Now maintaining patient confidentially and privacy is a legal duty as well as a moral responsibility. The U.S. Constitution has been amended to state that doctors who breach a patient confidentiality or discloses health information may be prosecuted.

It has become easier to break into patient files and gain important medical information. Electronic health information systems allow access and transmission to health data between many different providers. Patient information may also be acquired through clinical repositories and databases. Sharing information does allow for more efficient treatments, but patient confidentially must be protected with stricter controls.

Breach of confidentiality is the disclosure to a third party without implicit patient consent or court order. A doctor can disclose private medical inform via written, oral, telephone, fax or electronically. It does not matter what medium is used, the breach is illegal. These laws and regulations are to protect any patient who is undergoing treatment for HIV, cancer or genetic screening or has mental health problems plus drug and alcohol abuse rehabilitation issues.

Patient Consent

The information contained in a patient�s medical record may be released to third parties if the patient has consented to disclosure. Before records can be released to the patient�s attorney, insurance company, employer or family member the patient in question must sign a release. The only exemption is when a worker�s compensation claim is involved or a family member has express power of attorney.

HIPAA regulates additional patient confidentially considerations. Under HIPAA regulations covered entities may release protected health information, but these can be only released to facilitate treatment or payment.

Texas HB 300 mandates stricter rules of what entities can receive private patient health information. The definition of entities in the Texas bill is tighter than the HIPAA regulations. Express written permission must be given by a patient to release information and only worker�s compensations claims are exempt in Texas HB 300. To fully understand the definitions of entities and the punishments that will be levied, reading a synopsis of the Texas HB 300 and taking Texas HB 300 courses is highly recommended by medical practitioners, insurance companies and storage facilities.


About The Author: For more information, please visit our Texas HB 300 Course website http://www.hipaaexams.com/fire-and-electrical-safety-training.asp

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