3. Describe some circumstances in which confidential health information may be disclosed without the patient's consent.
The Criminal Appeal Act, Terrorism Prevention and Investigation Measures Act, Public Health (Control of Disease) Act and the Road Traffic Act describe the circumstances in which confidential information about the patient can be revealed to the statutory bodies. There are also guidelines as to how the information will be disclosed. (Dolan, 2004)
During a criminal or fraud investigation, the investigator has the authority to access confidential patient information. The investigator has the authority to require the disclosure of confidential patient information that is essential for the investigation. Even in such circumstance, the physician is bound …show more content…
If the doctor finds the information required to be irrelevant, he or she can highlight the lack of patient consent and also explain as to why you object to the order. Nevertheless, the record should be submitted in a sealed cover, along with the explanation as to why revealing the information to the third party is harmful. The law will require doctors to disclose patient’s information, regardless of their consent through the issue of a court order, subpoena, warrant, and by the statue. (Taylor, 2015)
Doctors and nurses are required by law to disclose patient information in cases of mandatory disease notification, mandatory notification of child abuse. The doctor or nurse can also decide to disclose the information if they suspect that not disclosing the information will cause harm to a third party. This is particularly relevant in cases of communicable diseases, or when there is a risk of serious crime or harm. It may not be practicable to seek patient consent in such situations. (Taylor, 2015)
8. Describe the provisions of the HITECH Act, the Red Flags Rule and how they affect healthcare