Final answer:
The HR manager indeed violated HIPAA by disclosing Jayson's HIV positive status to his cousin without consent. HIPAA laws mandate confidentiality of health information unless the patient has provided consent or in certain legally defined emergencies or necessary disclosures. Option B. Yes, because the HR manager divulged confidential medical information to Jayson's family member without his written consent is the correct answer.
Step-by-step explanation:
Has the HR manager violated the Health Insurance Portability and Accountability Act (HIPAA) by disclosing that Jayson is HIV positive? The answer is B. Yes, because the HR manager divulged confidential medical information to Jayson's family member without his written consent. HIPAA laws require that such health information be kept confidential and disclosed only to individuals with a need to know for treatment purposes or as the patient has given consent. In this context, neither circumstance seems to apply; the HR manager was not providing healthcare to Jayson, nor did Jayson provide consent for his family members to be informed of his HIV status.
The core principle of HIPAA is to protect patient privacy by ensuring that sensitive health information is not disclosed inappropriately. This right to privacy remains paramount unless specific exceptions apply, such as when disclosure is required by law or is necessary to prevent serious harm. None of those exceptions seem to apply in the situation with Jayson and the HR manager. Disclosing Jayson's HIV status to his cousin does not appear to be necessary to Jayson's immediate treatment or to prevent a serious and imminent threat.
The ethical considerations surrounding patient privacy vs. public health interests do not justify the HR manager's disclosure in this particular scenario. Certainly, there is an ethical debate to consider about the duty to warn third parties at risk, but such dilemmas are primarily within the medical provider-patient relationship and not relevant to the HR manager's role.