A patient’s privacy will be respected and information that is shared about a patient to a health care provider will not be made public without the patient’s consent.
HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)
• The Act is a federal privacy standard that protects the patient’s medical records and other identifiable health information whether maintained on paper, computer, or orally communicated.
• It requires the maintenance of confidentiality and ensures the privacy of patients.
• Patients can obtain copies of their medical records.
• Providers must provide patients with written notice of practices and patients’ rights.
• Limitations are placed on information shared: what, where, and with whom.
COMPUTERIZED MEDICAL DATABASE
• Serious concern arises around patient privacy and confidentiality as health care information becomes more and more electronically accessible.
• ANA supports nine principles in keeping with patient advocacy and trust in regard to advances in technology and patient’s health information.
INFORMED CONSENT
• An individual has the right to understand the choices being offered around medical treatment and the right to voluntarily agree or refuse treatment.
• The client must receive a description of the procedure, alternatives for treatment, risks involved in treatment, and probable results. The law holds obtaining consent for medical treatment to be the responsibility of the physician, but the nurse has a responsibility of notifying the physician if she/he determines that the client does not seem to understand.
• Consent can be oral or written, although a written consent is usually preferred.
• A blanket consent for “any procedure deemed necessary” is not usually considered adequate for specific procedures.
• Consent for nursing care is implied when the nurse asks the client to do something and the client does not refuse the care.
• To give consent, a person must be competent, i.e., able to make judgments based on rational understanding.
• Clients have the right to change their mind and can withdraw consent; if this occurs, the nurse must notify the physician.
• Consent for a minor to receive treatment is usually provided by a parent or legal guardian.
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