In this paper, I will discuss the principles that permit disclosure of protected health information with or without the patient’s consent for each of the four categories, government agencies, legal agencies or representatives and research groups. I will also state whether I feel privacy safeguards are adequate to support those principles. The principles that allow covered entities such as government agencies to release protected health information only with the patient’s consent is that PHI will be released in compliance with the regulations governing reporting requirements.
There are times where the government can release protected health information, the HIPAA Privacy Rule provides that protected health information disclosed without the authorization of the subject of that information for health oversight activities. Government regulatory programs that need health information to determine compliance with program standards do not need to obtain an individual’s authorization to use that individual’s health records for the appropriate oversight of entities subject to that program’s regulations.
In addition, the government can also release PHI due to an ongoing criminal investigation as well as other investigations as well. Just like legal agencies, patient healthcare records or protected health information is disclosed information pursuant to a lawsuit court order. A subpoena signed by a judge is sufficient to permit disclosure of all healthcare records in the court of law.
Other entities in the government can release protected health information such as, Medicare, Medicaid, Military and veteran’s activities, armed forces personnel, national security and intelligence activities, protective services for the president and others, medical suitability determinations and correctional institutions for the provision of health care. Legal agencies such as attorneys are required to obtain authorization from the patient prior to releasing protected health information all attorneys involved in a case.
There are two reasons why the protected health information permitted for release without the patient’s consent. The first reason, the provider’s attorney requests the protected health information during a normal course of business, such as to prepare for a medical malpractice lawsuit. The second reason, patient healthcare records or protected health information are disclosed information pursuant to a lawsuit court order. A subpoena signed by a judge is sufficient to permit disclosure of all healthcare records in the court of law.
Research groups that utilize clinical trials for the “Research that includes treatment of an individual must obtain the patients authorization to disclose any protected heath information to all health care providers other than those involved in the direct care of the patient” (Axia College, 2007). For example, Jan participates in a clinical trial at CEDRA Clinical Research for the study of a new pain medication sponsored by ABC Labs. After the trial, Jan sees her primary care physician in regards to ongoing headaches.
Jan informs her doctor that she participated in a clinical study but stated that the medicine give did not contain this side effect, the next day, her physician called CEDRA to obtain information regarding the treatment and information on the outcome of the patient’s results. CEDRA advised the doctor that that patient did not provide authorization to release any information to other healthcare providers other than those involved in the clinical trial. According to McDermott, Will, and Emery (2009), the principles that permit the disclosure of protected health information to entities.
The entities include pharmaceutical and medical device companies as they are subject to the jurisdiction of the Food and Drug Administration (FDA) to report adverse events to patient’s health, to administer product recalls from the market. I closing, I feel that privacy safeguards are adequate to support the principle of government agencies, legal agencies and research groups. Having these safeguards will prevent fraud and the mishandling of protected health information especially in the court of law.