Question

Except as provided by law, who controls access to a patient's health information by third parties such as insurance companies?

1) patient
2) patient's legal representative
3) physician

Answer 1

Except as provided by law, a patient or their legal representative controls access to the patient's health information. HIPAA enforces the confidentiality of patient records, and there are laws protecting against genetic data misuse.

Step-by-step explanation:

Control over access to a patient's health information generally resides with the patient or the patient's legal representative, except as provided by law. Under the Health Insurance Portability and Accountability Act (HIPAA), strict confidentiality of patient records must be maintained by healthcare providers and businesses handling health information, such as insurance companies. However, there are exceptional circumstances under which a physician might disclose certain information without consent, such as when reporting a communicable disease to public health authorities or when faced with a serious and imminent threat to health or safety.

Ethical and legal debates often arise when balancing patient privacy against the need to inform sexual partners about potential risks, especially considering the severity of a disease. When dealing with minors, the situation becomes more complex, as healthcare professionals must navigate between respecting adolescent confidentiality and parental rights to know about their child's health.

Regarding genetic information and potential discrimination by insurers, laws such as the Genetic Information Nondiscrimination Act (GINA) have been enacted to provide safeguards against the misuse of genetic data in the context of health insurance and employment.