In the case of Mr. L, he consented to the thorough medical examination. It further states, “Mr. L otherwise is in good health and is alert, oriented, and mentally intact.” (Kapp, M., 2010, p.28). Mr. L has also not executed a durable power of attorney for health care. It seems to me that the doctor has broken the HIPAA privacy rules by consulting with the granddaughter about the diagnosis and treatment options without getting permission from Mr. L.
By researching the question of, “Does the HIPAA Privacy Rule permit a doctor to discuss a patient’s health status, treatment, or payment arrangements with the patient’s family and friends?” on the U.S. Department of Health & Human Services website, the answer that was given was as follows:
“Yes. The HIPAA Privacy Rule at 45 CFR 164.510(b) specifically permits covered entities to share information that is directly relevant to the involvement of a spouse, family members, friends, or other persons identified by a patient, in the patient’s care or payment for health care. If the patient is present, or is otherwise available prior to the disclosure, and has the capacity to make health care decisions, the covered entity may discuss this information with the family and these other persons …show more content…
L was present or that he agreed for the doctor to share the diagnosis with the granddaughter. It also says that Mr. L does not want to impose on the doctor for explanations. There was no emergency circumstance and he was not incapacitated. It is obvious that the doctor in no way even asked Mr. L if he wanted to know. If this information was to be shared with the granddaughter, Mr. L should have been asked if he gave permission for her to be in the room when he was being told of the diagnosis. The granddaughter also has no right to request that the doctor not tell Mr. L of the diagnosis. I feel that this case is a direct violation of the HIPAA Privacy
By researching the question of, “Does the HIPAA Privacy Rule permit a doctor to discuss a patient’s health status, treatment, or payment arrangements with the patient’s family and friends?” on the U.S. Department of Health & Human Services website, the answer that was given was as follows:
“Yes. The HIPAA Privacy Rule at 45 CFR 164.510(b) specifically permits covered entities to share information that is directly relevant to the involvement of a spouse, family members, friends, or other persons identified by a patient, in the patient’s care or payment for health care. If the patient is present, or is otherwise available prior to the disclosure, and has the capacity to make health care decisions, the covered entity may discuss this information with the family and these other persons …show more content…
L was present or that he agreed for the doctor to share the diagnosis with the granddaughter. It also says that Mr. L does not want to impose on the doctor for explanations. There was no emergency circumstance and he was not incapacitated. It is obvious that the doctor in no way even asked Mr. L if he wanted to know. If this information was to be shared with the granddaughter, Mr. L should have been asked if he gave permission for her to be in the room when he was being told of the diagnosis. The granddaughter also has no right to request that the doctor not tell Mr. L of the diagnosis. I feel that this case is a direct violation of the HIPAA Privacy