17.1k views
2 votes
Confidential information can be disclosed in all of the following cases EXCEPT:

A) The patient requests the information be released.
B) The patient's power of attorney for health care signs a release of information.
C) The physician feels it is necessary for the public's welfare.
D) Someone is in imminent danger if the information is withheld.
E) The patient is mentally ill and out of touch with reality.

User DuTr
by
8.1k points

1 Answer

2 votes

Final answer:

Disclosure of confidential information is regulated by HIPAA, and a physician cannot release information simply because they feel it is necessary for public welfare or due to a patient's mental illness. Information may be disclosed when a patient requests it, when advised by the patient's legal representative, or in situations to prevent imminent danger.

Step-by-step explanation:

The question pertains to the disclosure of confidential information in the healthcare setting. HIPAA regulations provide specific circumstances under which protected health information may be disclosed without the patient's explicit consent. These circumstances typically include scenarios such as when the disclosure is required by law, when it is necessary to prevent a serious and imminent threat, and when other parties are at risk of contracting a communicable disease.

A) If a patient requests their information to be released, this is permissible under HIPAA as they are exercising their right to control their own health information. B) The patient's power of attorney for health care can sign a release if the patient has given them the authority to do so. D) Disclosure is permitted in cases where not providing the information could place someone in imminent danger. This aligns with the duty to warn and protect individuals from serious harm.

However, option C) 'The physician feels it is necessary for the public's welfare' and option E) 'The patient is mentally ill and out of touch with reality' do not automatically justify the release of confidential information. The release of information based solely on the physician's perception of public welfare or a patient's mental state, without any legal requirements or imminent threat, would likely violate HIPAA regulations. Hence, C and E are exceptions in which confidential information may not be released without a court order or specific guideline that aligns with HIPAA permissions.

User Tylerwal
by
7.6k points
Welcome to QAmmunity.org, where you can ask questions and receive answers from other members of our community.