A patient鈥檚 father calls to find out the result of his son鈥檚 test for HIV. What is your response to this father? Why? Explain.
How do I medically and for the most part ethically answer this question? What is the actual medical LAW in giving out this type of information?
Answers:
My response is:
I'm sorry but that information is priviledged under HIPPA. If you require further information, please contact our in-house consel.
EDITED BASED ON ADDITIONAL ANSWERS:
By the way, those of you who answered it depends on the state, the age of the child or anything else other than the above, I suggest you read the situation very carefully.
First, information such as this relayed over the phone is actionable as a violation of HIPPA and medical privacy laws of the individual states, REGARDLESS of the age of the child.
Also, HIPPA is a federal statute and unless there are more stringent state laws in place in the location, the Federal statute prevails.
The U.S. Supreme court has already ruled on a minor's right to self-directed medical care. This is not an issue.
But, if you would read the EXACT wording of the post, you would notice that this is a matter of notification without identification (i.e., over the phone.) and THAT matter is plainly covered under HIPPA.
If you're in a position where you test patients for AIDS and have to relay this information back to them, you should really know the answer already.
Its a no- no if the son is over 18. Its a HIPPA violation and you could get in a lot of trouble for disclosing that info
First how old is the son? I am assuming he is an adult. Your response would be I'm sorry your son's medical information is confidential and you need to ask your son for that information. HIV has it's own confidentiality law as well as the HIPAA laws.
With HIV confidentiality there has to be a release allowing for just the release of the HIV info that does not cover other medical info. So even if he has his father down as being able to receive medical information you still can not disclosed HIV results without the son's explicit request that his father be able to receive his HIV results.
I would tell the father that if he is not listed in the patient's file as a person who can receive medical information about him then I could not give him the information. This is because of the HIPPA (Health Insurance Portability and Accountability Act) laws for privacy that are now heavily enforced.
If the patient became upset that his information is released, even to a family member he could sue.
If the son is a minor, the dad can get the results. If the son is an adult, then it is prohibited (unless the son specifically allows his dad to have access to results) HIPPA guards patient medical records.
HIPPS states that you can not give ANY information out to anyone but the patient. Unless the patient is under 18 and the child of the person asking. I would say something along the lines of "Im sorry but I can not give any info out on the patient without his/her consent" That is the law and it is clear.
the answer depends on where you live. states may have different statutes and regulations regarding such matters.
where i live (New Mexico), you would have to explain to the father that his son's test is confidential, and can only be released to the son or to a person that the son has authorized to receive the information. That is even true if the son is still a minor.
but it may be different where you live.
privacy laws prevent anyone from recieving info on any other patients care unless the person you are getting the info for is a minor..if they are over 18 the doctor or nurse cannot give this info out to anyone else..they are breaking the law if they did and i would prusue it
My response would be sorry sir but I can not give out that information under the privacy act law. Because it is against the law for you to give out someones medical history unless you are given a written agreement from that person to do so.
It depends on the age of the patient, if the patient is under aged you should probably calmly, and sympathetically explain to the parent the conditions , and answer any questions and concerns he will then have , to the best of your abilities, also be aware there may be anger, frustration and disbelief on the side of the parent, this is a normal SHOCK reaction, and give them the time and space to work it out , don't take anything personally , and remain available to answer questions or at least guide them in the right direction..If the patient is of age then you must respect patient confidentiality laws, and explain that to the parent make it short and sweet , I'm sorry but i cannot disclose any information on the patients condition.
Hope this helps.. Good luck!
HIPAA prevents you from telling anyone about the patient's condition without his express WRITTEN permission. Your response must be "I'm sorry, Mr ______, but HIPAA prevents me from disclosing this information."
There is no other option.
It's called "confidentiality"!
No matter who calls, this information cannot be given out; not even the patient!
The patient will need to come into the office and get the results themselves. In some States, it's even required for the patient to "show valid id".
1st of all its a coded responce meant only for the one being tested, to get the answer..
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