It is forbidden to provide any information with regards to a person without his or her written consent unless that it is: 1) requested by officers and employees working in the agency keeping the information of the person; 2) unless it is required by the law; 3) unless it will be utilized for planning or conducting a census by the Bureau of Census; 4) unless it will be given to somebody who promises that the information is for research purposes and that he or she will convert it in a format that may no longer be “identifiable individually”; 5) unless that the National Archives and Records Administration declares that it is valuable and that it should be preserved and kept; 6) unless a head of a certain agency officially requests for it through a written document and specify the information needed, as well as, the reason why he or she is asking for it; 7) unless the House of Representatives asks for it; 8) unless the General Accounting Office requires it; 9) unless the court instructs or orders it; 10) unless a consumer reporting agency necessitates it; and 11) unless it is necessitated by their responsibilities to get a hold of that information (Franklin, 1986).
In addition, access to own record is allowed upon request made in written form, in case he or she wants to review, obtain a copy, or revise it (Maida, 2000).
Also, the Privacy Act of 1974 reiterates that an individual do not have the right to information which is kept by the Court (Maida, 2000).
Do’s of Healthcare Confidentiality
Meanwhile, there are several things allowed to be carried out concerning healthcare confidentiality and some of these are the following:
First of all, “individually identifiable health care information” may be utilized even without an approval in written form if the information mentioned will be for the purpose of “provision of health care” (President’s.., 1998).
Second, “individually identifiable health care information” may be utilized even without an approval in written form if the information mentioned will be for the purpose of payment of health care services rendered (President’s.., 1998).
Third, “individually identifiable health care information” may be utilized even without an approval in written form if the information mentioned will be for the purpose of review by medical researchers or anybody whose intention is categorized under “health purposes” (President’s.., 1998).
Fourth, “individually identifiable health care information” may be utilized even without an approval in written form if the information mentioned will be for the purpose of “health promotion” (President’s.., 1998). For example, if a person has been cured by the latest medical technology or newly invented medicines, then it is lawful to utilize the information of the individual to promote and encourage others who are in the same medical crisis to consider the aforementioned to address their illnesses (President’s.., 1998).
Fifth, “individually identifiable health care information” may be utilized even without an approval in written form if the information mentioned will be for the purpose of disease management (President’s.., 1998).
Sixth, “individually identifiable health care information” may be utilized even without an approval in written form if the information mentioned will be for the purpose of quality assurance (President’s.., 1998). For example, a patient has not been provided with a satisfying service, the details of this patient will be utilized for the purpose of improving the services provided to all the patients (President’s.., 1998).
Last but not least, “individually identifiable health care information” may be disclosed provided that “there is a legal basis for doing so” (President’s.., 1998). Examples of which include the following: 1) if a medical health research team or an institutional review board declares that keeping the record confidential will not help in the research being conducted; 2) if fraud has been committed and the investigation requires information of the individual; as well as 3) submitting a public health report to health care agencies that officially necessitate it (President’s.., 1998).
Don’ts of Healthcare Confidentiality
Moreover, there are also several things prohibited to be carried out concerning healthcare confidentiality and some of these are the following:
First of all, it is unlawful to disclose complete information (President’s.., 1998). Information should be provided “on a need to know basis” (President’s.., 1998). It is not obligatory to give information without any specified purpose for doing so (President’s.., 1998).
Second, information of patients who were rendered or are currently being rendered “sensitive services including that of mental health, substance abuse, reproductive health, sexually transmitted diseases treatment, etc” should not be shared to others (President’s.., 1998).
Third, “law enforcement officers, researchers, as well as, public health agencies” should not take advantage of their capacity and capability of accessing “individually identifiable information” if it is not extremely needed (President’s.., 1998).
Last but not least, people with access to “individually identifiable information” should not at all be lenient when it comes to the safeguarding of confidential information (President’s.., 1998).
