Doctor Patient Confidentiality: Breaches and Exceptions (2024)

FAQs

Doctor Patient Confidentiality: Breaches and Exceptions? ›

A breach of confidentiality involves sharing a patient's information without consent. However, rules of confidentiality do not apply to: Disclosures to state health officials. Court orders subpoenaing medical records.

There are a few situations in which a doctor can break confidentiality. They may need to share medical information with others to provide or obtain treatment, report child abuse or neglect, or protect someone from harm.

State, tribal, and federal mandatory reporting laws create exceptions to the requirement to maintain patient confidentiality. These mandatory reporting laws include: Child abuse reporting. Elder/vulnerable adult abuse reporting.

Leaving confidential information unattended in a non-secure area. Disclosing confidential information without proper authorization. Discussing confidential information in the presence of individuals who do not have the "need to know' to perform assigned duties. Improper disposal of confidential information.

1. You are a danger to yourself and threaten to harm yourself (e.g., suicidal). 2. You threaten to harm another specific person (e.g., assault, kill).

POSSIBLE EXCEPTIONS TO CONFIDENTIALITY INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING SITUATIONS: CHILD ABUSE; ABUSE OF THE ELDERLY OR DISABLED; SEXUAL EXPLOITATION; COURT ORDERED DISCLOSURE OF INFORMATION; AND/OR IDS/HIV INFECTION AND POSSIBLE TRANSMISSION.

There are a few situations that may require a therapist to break confidentiality: If the client may be an immediate danger to themself or another. If the client is endangering another who cannot protect themself, as in the case of a child, a person with a disability, or elder abuse.

When can doctor-patient confidentiality be broken? ›

They may need to share information with law enforcement. A doctor may (or in some cases, must) break the doctor-patient confidentiality law when there's evidence of: A crime or intention to commit a crime. Child abuse or neglect.

In general, a patient's medical records are confidential and benefit the patient. A doctor cannot give medical information to third parties without the patient's consent. However, there are some exceptions to this rule: Issues about health insurance.

What Are Some Examples of a Doctor-Patient Privilege? A patient confides in their doctor that they are struggling with a drug addiction. The doctor cannot share this information with law enforcement or the patient's family without the patient's consent.

Criminal Penalties for HIPAA Violations

Both individuals and organizations can be charged with knowingly and wrongfully disclosing individually identifiable health information without authorization if OCR believes there has been a criminal HIPAA violation. The minimum fine for criminal violations of HIPAA is $50,000.

Examples of patient rights violations include failing to provide necessary care or proper nursing; patient abandonment or isolation; administering unnecessary medication like psychotropic drugs; and HIPAA violations—for example, snooping on the medical records of a patient without their consent.

Reporting is required whether or not the breach was an accident. Patient confidentiality laws may require that the breach be reported outside of the facility, and someone usually has to notify the patient or patients impacted by the breach. Note that the nurse should not notify the patient about the breach.

HIPAA is an act that is in place to protect a patient's privacy. There are some situations that are exempt from that confidentiality, such as child abuse, elder abuse, gunshot wounds, and abortions (when required from a court).

Exceptions to the HIPAA Privacy Rule

This would include purposes such as quality assurance, utilization review, credentialing, and other activities that are part of ensuring appropriate treatment and payment. Limitations apply to uses and disclosures for the purpose of facilitating another party's activities.