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Which example demonstrates a breach of confidentiality and a violation of the Health Insurance Portability and Accountability Act (HIPAA) of 1996?

User Kaylen
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Final answer:

A HIPAA violation and breach of confidentiality occur when a healthcare provider discloses protected health information without the patient's consent, such as contacting a patient's sexual partner regarding the patient's health condition without consent.

Step-by-step explanation:

An example that demonstrates a breach of confidentiality and a violation of the Health Insurance Portability and Accountability Act (HIPAA) would be if a healthcare provider or health plan discloses protected health information without the patient's explicit consent. One specific scenario is if a physician knows the identity of a patient's sexual partner and contacts that partner about the patient's sexually transmitted disease without the patient's consent. This act discloses personally identifiable health information to an entity not involved in the patient's care, which is protected under HIPAA.

Privacy rights versus public health is an ethical dilemma that arises when considering the need to warn a patient's sexual partner about potential exposure to a sexually transmitted disease. Typically, HIPAA requires patient consent before sharing their health information. Exceptions exist for public health purposes, but these are strictly governed by legal frameworks that specify the conditions under which information can be disclosed without consent.

Finally, when discussing adolescent patient privacy, healthcare providers face an additional layer of complexity, as they must balance the patient's desire for confidentiality with legal obligations, which may include informing parents or guardians in certain circumstances. Yet, even in these cases, HIPAA's rules about confidentiality and protected health information remain in force.

User Shutter
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