HIPAA: Intent versus Actuality of the Law in Upholding the Privacy of Health Records

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2009 ◽  
Vol 25 (2) ◽  
pp. 155-164 ◽  
Author(s):  
Jeanne Pia Mifsud Bonnici ◽  
Kartina A. Choong
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The law ascribes great importance to maintaining confidentiality in medical matters. Chapter 21 considers the means by which that principle is enforced at common law and by statute, lifetime exceptions to it, and whether it endures after death. The chapter discusses how to go about obtaining access to one’s own medical records under the Data Protection Act 1998, and access to the medical records of deceased persons under the Access to Health Records Act 1990. The rights of patients under the Access to Medical Reports Act 1988 to see and veto medical reports sought from their doctors by employers or insurance companies are also covered. The 2002 Regulations which authorize processing of anonymized patient information for public health and research purposes are summarized. In conclusion, the chapter looks at how the NHS undertakes to handle patients’ information in its published ‘Care Record Guarantee’.


2015 ◽  
Vol 20 (3) ◽  
pp. 72-84 ◽  
Author(s):  
Paula Leslie ◽  
Mary Casper

“My patient refuses thickened liquids, should I discharge them from my caseload?” A version of this question appears at least weekly on the American Speech-Language-Hearing Association's Community pages. People talk of respecting the patient's right to be non-compliant with speech-language pathology recommendations. We challenge use of the word “respect” and calling a patient “non-compliant” in the same sentence: does use of the latter term preclude the former? In this article we will share our reflections on why we are interested in these so called “ethical challenges” from a personal case level to what our professional duty requires of us. Our proposal is that the problems that we encounter are less to do with ethical or moral puzzles and usually due to inadequate communication. We will outline resources that clinicians may use to support their work from what seems to be a straightforward case to those that are mired in complexity. And we will tackle fears and facts regarding litigation and the law.


2005 ◽  
Vol 36 (6) ◽  
pp. 53
Author(s):  
MARY ELLEN SCHNEIDER
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