HIPAA has made it illegal, under threat of penalty, for healthcare practitioners to disclose confidential health information about patients to unauthorizes sources. Sharon, a second-year nursing student, is completing a surgical rotation in a community hospital. At the breakfast table, Sharon's husband asks her to find out what is wrong with one of his employees, who has been hospitalized for several days. He is interested in knowing when the man may be able to return to work.
Is it ethical for Sharon to give her husband this information? Defend your answer.
Support your answers with examples and research
Full Answer Section
In addition to being unethical, violating HIPAA can also have serious consequences. Healthcare practitioners who violate HIPAA can be fined, jailed, or lose their license.
Sharon's husband may be concerned about his employee's health and well-being, but he can still support him without knowing the specific details of his medical condition. For example, he can send him a card or flowers, or he can offer to help out with his workload.
Examples:
- A nurse is fired for disclosing patient information to her husband.
- A doctor is fined $50,000 for violating HIPAA.
- A hospital is sued for millions of dollars after a patient's health information is leaked to the media.
Research:
- HIPAA Privacy Rule
- Office for Civil Rights
- Department of Health and Human Services
Conclusion:
It is not ethical for Sharon to give her husband information about his employee's medical condition. Doing so would be a violation of HIPAA and could have serious consequences for Sharon and her career.
Sample Answer
No, it is not ethical for Sharon to give her husband this information. HIPAA (Health Insurance Portability and Accountability Act) is a federal law that protects the privacy of patients' health information. Under HIPAA, healthcare practitioners are prohibited from disclosing confidential patient information to unauthorized individuals. Sharon's husband is an unauthorized individual, and therefore she would be violating HIPAA if she disclosed her patient's health information to him.