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Ethical issues public health
Ethical issues public health
Ethical issues public health
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Ethical principles of justice, utilitarianism, fidelity, and beneficence all play a role when dealing with the ethics of HIV. Beneficence imposes a duty for health employers to act in the best interest for patients, take positive action to help and to do well. Justice portrays equality and it requires that people should be treated fairly. It explains that a healthcare employer will treat all patients equally and use good judgement. Fidelity involves with loyalty, fairness, and being truthful. This principle applies to the patient and being honest with their partners about their status. Lastly, utilitarianism theory supports the greater good and what is best for people. It is important that HIV positive test results are reported, so third parties …show more content…
However, healthcare employers have argued that it’s an unnecessary invasion of their privacy. I argue that patients do not have a right to know such information because of its small risk of transmission. One could argue that a patient has a right-to-know based on the regulation of informed consent. The patient is entitled to know such information that might impose a risk on their health. If healthcare workers exposed their HIV status, the disclosure might sway patients to try to avoid health workers who are HIV positive. Another main reason is patients have no confidentiality responsibilities and could easily spread this information in a harmful way. Physicians have an ethical obligation to do no harm to their patients. The American Medical Association advocates HIV positive healthcare workers to stay away from performing internal surgeries as well as hip replacements. Health care workers have a duty to inform patients or employers that they are HIV positive if they perform invasive procedures on patients. A physician or other health care worker who performs exposure-prone procedures and becomes HIV-positive should disclose his/her status to a state public health official or local review committee. An HIV- infected physician or other health care worker should abstain from conducting exposure-prone procedures or perform such procedures without permission from the local review committee and the informed consent of the
This case presents a very delicate situation that presents many legal and ethical questions. Do you tell your brother his partner has HIV? I would tell my brother, but the how and when, may vary based on circumstance. From a professional ethical standpoint, it would be unethical to disclose the patient’s HIV status without consent. It would violate the patient’s right to confidentiality, as it is the patient’s choice whom information may be shared with (Beemsterboer, 2010, p. 50). It could also be argued that it is a violation of the principle of nonmaleficence. By providing the patient’s HIV status to people unbound by HIPAA, you are putting the patient at risk of discrimination. This could cause mental anguish or psychological issues, therefore, in essence, inflicting harm on the patient. The most valued application of nonmaleficence is, “One ought to not inflict harm” (Beemsterboer, 2010, p. 42). This would outweigh the ethical argument that you are also preventing harm to your brother, another less important application of nonmaleficence (Beemsterboer, 2010, p. 42). There is one professional ethical principle that I would argue was being applied. This being the principle of paternalism, stating that healthcare providers should do what they deem best for the patient according to their ability and judgment (Beemsterboer, 2010, p. 47). If the patient had a sexual encounter with the brother, and did not inform him of her HIV status, she may be arrested for reckless endangerment according to Pennsylvania law. A case where an HIV-positive person did not disclose their status to their sexual partner was brought before the Pennsylvania Superior Court. According to Pennsylvania law, “Disclosure of HIV status is a defense ag...
All health care employees will do everything within their power to protect the patient’s right to privacy. This means they will follow the HIPAA law closely. They will disclose information that is relevant to a specialist or treatment. Also, means they will release information that a patient has asked for as promptly as possible.
Overall these sources proved to provide a great deal of information to this nurse. All sources pertained to HIPAA standards and regulations. This nurse sought out an article from when HIPAA was first passed to evaluate the timeline prospectively. While addressing the implications of patient privacy, these articles relate many current situations nurses and physicians encounter daily. These resources also discussed possible violations and methods to prevent by using an informaticist and information technology.
. HIPAA privacy rules are complicated and extensive, and set forth guidelines to be followed by health care providers and other covered entities such as insurance carriers and by consumers. HIPAA is very specific in its requirements regarding the release of information, but is not as specific when it comes to the manner in which training and policies are developed and delivered within the health care industry. This paper will discuss how HIPAA affects a patient's access to their medical records, how and under what circumstances personal health information can be released to other entities for purposes not related to health care, the requirements regarding written privacy policies for covered entities, the training requirements for medical office employees and the consequences for not following the policy.
“The Health Insurance Portability and Accountability Act (HIPAA) of 1996 made it illegal to gain access to personal medical information for any reasons other than health care delivery, operations, and reimbursements” (Shi & Singh, 2008, p. 166). “HIPAA legislation mandated strict controls on the transfer of personally identifiable health data between two entities, provisions for disclosure of protected information, and criminal penalties for violation” (Clayton 2001). “HIPAA also has privacy requirements that govern disclosure of patient protected health information (PHI) placed in the medical record by physicians, nurses, and other health care providers” (Buck, 2011). Always remember conversations about a patient’s health care or treatment is a violation of HIPAA. “All PHI is included in the privacy requirements for example: the patient’s past, present or future physical or mental health or condition; the provision of health care to the individual, or the past, present, or future payment for the provision of health care to the individual, and that identifies the individual or for which there is a reasonable basis to believe it can be used to identify the individual” (Buck, 2011). Other identifiable health information would be the patient’s name, address, birth date and Social Security Number (Keomouangchanh, 2011). (Word count 197)
US Congress created the HIPAA bill in 1996 because of public concern about how their private information was being used. It is the Health Insurance Portability and Accountability Act, which Congress created to protect confidentiality, privacy and security of patient information. It was also for health care documents to be passed electronically. HIPAA is a privacy rule, which gives patients control over their health information. Patients have to give permission any health care provider can disclose any information placed in the individual’s medical records. It helps limit protected health information (PHI) to minimize the chance of inappropriate disclosure. It establishes national-level standards that healthcare providers must comply with and strictly investigates compliance related issues while holding violators to civil or criminal penalties if they violate the privacy of a person’s PHI. HIPAA also has boundaries for using and disclosing health records by covered entities; a healthcare provider, health plan, and health care clearinghouse. It also supports the cause of disclosing PHI without a person’s consent for individual healthcare needs, public benefit and national interests. The portability part of HIPAA guarantees patient’s health insurance to employees after losing a job, making sure health insurance providers can’t discriminate against people because of health status or pre-existing condition, and keeps their files safe while being sent electronically. The Privacy Rule protects individual’s health information and requires medical providers to get consent for the release of any medical information and explain how private health records are protected. It also allows patients to receive their medical records from any...
The Theory of Utility teaches that we make our decisions in life based on the basic principle of maximizing happiness – which can be measured in pleasure and pain. Morality can also be defined as that which brings about the largest amount of happiness, and the least pain. Unlike other theories, however, Utility states the happiness of all is to be considered over the happiness of one. When faced with a choice, one must choose the option that will cause the greatest pleasure and the least pain. Applying this part of the Utilitarian argument to the supplied scenario, it would seem that Utility would say stealing the ice cream and breaking the law are the morally right course of action. However, Utility continues on in its teaching stating that
During the 1980’s, medical-related situations continuously occurred that made patients question their insurance policies as well as the privacy of their health care. Congress worked to create a bill containing strict rules regarding insurance policies and availability for one to keep their insurance if they are to move jobs. These rules were soon applied to all medical facilities and faculty and titled the “Health Insurance Portability and Accountability Act”.The H.I.P.A.A. policies brought about change in professionalism, medical standards, taxing, and enforcement. Throughout history, maintaining patient privacy has always been a problem in the medical field. Patients have the right to their privacy and the information that they do not want to disclose should be kept privately. Since this was an overly occurring problem, the congress believed that they should make a law to fix this problem. On August 21, 1996, the Health Insurance Portability and Accountability Act (HIPAA) was passed by congress and President Bill Clinton.
When confidential patient information is disclosed without consent it is a violation of the HIPAA Title II Security Rule. This rule was enacted in response to private information being leaked to the news and emails containing privileged information were read by unauthorized people. Identity theft is a real concern so patient privacy should be taken seriously. This is a rule can easily be broken without the offender feeling any malice towards the victim for example gossip and curiosity. Gossip in a medical office can have devastating effects on a health care facility’s reputation. Employees engaging in idle chatter to pass the time can inadvertently be overheard by patients or family members. Simply not using the patient’s name may not be enough if the person overhearing the conversation sees the resemblance. Professional behavior should be exercised at all times and juvenile behavior such as spreading gossip, has no place in a business that relies on its credibility. This rule will impact the way patient medical records are handled because we know the seriousness of it. Hospitals that don’t enforce HIPAA rules will have negative repercussions. The patient can have irreversible damage done to their view on the medical field and that hospital if their information is not treated with care. They may even feel so violated that they bring litigation against the hospital.
One day while doing his job, a physician used a used swab that was possibly infected with HIV on another patient. When looked at by certain people, the doctor did the correct thing by telling his patient that he roused a swab on him/her. However, the chances of this patient getting HIV was substantially low, and he should have waited for the patient to develop symptoms, which would have been rare, before telling the truth. As stated by Michael Greenberg, “he might have done better by keeping his mouth shut.” If the doctor did lie, he could have lied to protect himself, the quality of life of the patient, and his ability to help others with their lives. If he had not told the patient that he used the swab on him/her, he/she would not have had to live in fear of getting HIV. Because of this decision of truth telling, the doctor lost his job, money, confidence, and also affected someone’s quality of life.
In today’s society with the blogs, the gossip sites and the other forms of social media, confidentiality is a thing of the past. However, for, physicians and other health professionals, they are held to a higher standard to maintain a level of ethics and confidentiality for their patients. Confidentiality is a major duty for a health professional, but is there ever a time to where it is okay to tell what a patient says in confident? What if the patient is a minor, or a senior citizen or someone who is mentally challenged? What if a patient is being abused or wants to commit suicide? Does it matter if it is a nurse, or a dentist, or a psychologist or is all medical professional held to the same moral standard? What roles does a consent form or Health Insurance Portability and Accountability Act plays in the medical world in being confidentiality? I would like to explore Confidentiality and the moral effects it has on the health profession.
..., beneficence, non-maleficence and justice help us understand and explain which medical practices are ethical and adequate. These principles are used to protect the rights of a patient and the physician from being dishonored. The principle autonomy allow an individual to act freely in accordance to their self-chosen plan. This means that healthcare providers must always get the patients consent before making any decision about patient’s life. The of non-maleficence states one must cause no harm to an individual. This means that we must always restrain from harming others. The principle of beneficences say that one must always promote good. This means that healthcare providers must always do what is good for the patient. Lastly the principle of justice promote fairness and equally. This mean that healthcare providers cannot act in a prejudice manner toward patients.
This essay will provide a theoretical understanding of the four ethical frameworks: Consequentialism, Non- Consequentialism, Virtue Ethics and Care Ethics. When applied to a situation these frameworks help teachers to resolve and justify their decision making. The objective is to apply the four frameworks to the scenario Helping Molly, to establish the most ethical course of action. Finally, a recommended course of action will be justification. The overarching ethical issue present within the Helping Molly scenario is the community sponsorship and the alignment with school beliefs and initiatives.
The most important question of all is what should one do since the ultimate purpose of answering questions is either to satisfy curiosity or to decide which action to take. Complicated analysis is often required to answer that question. Beyond ordinary analysis, one must also have a system of values, and the correct system of values is utilitarianism.
The Health Insurance Portability and Accountability Act (HIPAA), Patient Safety and Quality Improvement Act (PSQIA), Confidential Information and Statistical Efficiency Act (CIPSEA), and the Freedom of Information Act all provide legal protection under many laws. It also involves ethical protection. The patient must be able to completely trust the healthcare provider by having confidence that their information is kept safe and not disclosed without their consent. Disclosing any information to the public could be humiliating for them. Patient information that is protected includes all medical and personal information related to their medical records, medical treatments, payment records, date of birth, gender, and