Why honor confidentiality?



Why honor confidentiality?


Objectives


The reader should be able to:



• Define the terms confidentiality and confidential information.


• Identify the relationship of a patient’s legal right to privacy with his or her reasonable expectations regarding confidential information.


• Describe the concept of “need to know” as it relates to maintaining confidentiality.


• Discuss the ethical norms involved in keeping and breaking professional confidences.


• Name five general legal exceptions to the professional standard of practice that confidences should not be broken.


• Consider practical options that a professional can take when faced with the possibility of breaking a confidence.


• Discuss some important aspects of documentation that affect confidentiality.


• Compare ethical issues of confidentiality traditionally conceived with those that have arisen because of computerized medical records and patient care information systems.


• Describe the key ethical strengths and challenges of the recent US federal regulations related to privacy considerations (Health Insurance Portability and Accountability Act of 1996).


New terms and ideas you will encounter in this chapter


trust


confidentiality


confidential information


right to privacy


need to know


patient care information systems (PCIS)


health information managers


the medical record


Health Insurance Portability and Accountability Act of 1996 (HIPAA)


protected health information


Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH Act)


health record databases


panel of laboratory tests



Introduction


In this chapter and the next several chapters, you will have an opportunity to think about specific ways in which patients learn to put their trust in you. You already have met some patients through the stories that have been presented to help focus your thinking. The idea of confidentiality in health care has ancient roots as a basic building block of trust between health professionals and patients. For instance, the Hippocratic Oath, written in the fourth century BC, says,



And so confidentiality is a splendid place to begin this focus on basic components of trust building. The story of Twyla Roberts, an occupational therapist, and Mary Louis, a patient, helps set the stage for reflection on confidentiality.





The Story of Twyla Roberts and Mary Louis


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Twyla Roberts works as an occupational therapist for Marion Home Care Agency. Her patients are primarily elders, but she also occasionally treats children. All of Twyla’s visits are performed in the home setting. She evaluates and treats throughout the community, and the agency is interconnected with two of the area hospitals and several outpatient clinics. The organizations are well connected electronically in one patient care information system. This arrangement allows Twyla to enter her patient information into the hospital’s database and also to receive instant, thorough information on any activity her patients may have in the larger health care system. This electronic record also contains the patient health history and treatment activity. She refers to it many times each day and enters her own data each evening.


Thus, the clinical record of her patient, Mary Louis, is in “the system,” and her progress after a fall is narrated. Mary has just been discharged from the hospital after a fall at home. She was seen by a surgeon, several nurses, a physical therapist, an occupational therapist, and when she was preparing for discharge, a social worker. She is now referred to the home care agency for a home safety evaluation and for ongoing therapy to regain function of her right hand, which was injured in the fall.


Twyla has been taught to document all relevant information about a patient; therefore, she is surprised about her own reluctance to record a conversation that occurred with Mary today. During their treatment session, Mary blurts out that the reason for her injury was not a fall. She has fallen in the past; however, this time her injury was the result of a domestic dispute. Mary’s husband, who has middle-stage Alzheimer’s disease, has been showing more signs of agitation. He became confused one evening, and a struggle ensued. Mary tried her best, but she was neither able to effectively reorient her husband nor manage his aggressive behavior. The incident ended abruptly when Mary’s husband pushed her down the stairs. Despite her disorientation at the time, no one asked specifics regarding how she fell and so in the ambulance she told them she tripped rather than revealing the truth.


She says to Twyla, “I probably shouldn’t have told you about this either. Now my secret is out. Please don’t tell anyone. I am actually ashamed for my husband, you know. I don’t want anybody to know about this. I am really afraid it might affect his ability to stay home. If my daughter finds out, she will surely have him sent to a nursing home. I know he is getting worse, but I would just die if we could not be together. Promise me you won’t say anything!” Twyla does not promise, but neither does she tell Mary that her secret is not safe. Instead, she tries to talk with her about the importance of seeking respite care and of getting more assistance for her husband. But Mary says once again, “Please don’t tell anyone.”


Tywla completes her treatment and goes to the computer. She opens Mary’s record and notes that the social worker, Michael White, was concerned about the home situation. He found Mary’s husband to be quite irritable during hospital visits and so interviewed Mary several times without her husband but did not elicit any evidence that would classify him as a safety risk. Twyla realizes that if she documents this conversation, Mary’s secret will be out for everyone on the patient information system to read. Suddenly, she realizes that Mary has shared information with her that she really wishes she did not have. Now Twyla wishes, too, that when Mary started talking about it she would have stopped her and said she could not promise to keep it confidential. But she did not. Still, she fears that if she does not document their conversation, she could regret it later.


Reflection


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What should Twyla do next? Why? What should she ultimately do in regard to this situation? Why?



Many dimensions of Twyla’s ethical quandary are identical to questions that have made confidentiality a compelling issue over the centuries. At the same time, because she lives in an era of computerized data entry, storage, and retrieval of patient information, her situation also is highly contemporary.


The goal: a caring response


In light of all you have learned about Twyla and Mary, you know that her ethical goal of finding a caring response requires her to address both traditional and contemporary dimensions of confidentiality and the specific type of confidential information that this patient has shared. She needs to be clear about what confidentiality is and its appropriate use and limits. She needs to understand the related concept of privacy and to be savvy about new challenges regarding the use of computerized networks designed to manage information about patients.


Identifying confidential information


The most commonly accepted idea of confidential information in the professions is that it is information about a patient or client that is harmful, shameful, or embarrassing. Does it necessarily have to come directly from that person? No. Information that is furnished by the patient directly, or comes to you in writing or through electronic data, or even from a third party, might count as confidential.


Who is to be the judge of whether information is harmful, shameful, or embarrassing? The person himself or herself is the best judge, but any time you think a patient has a reasonable expectation that sensitive information will not be spread, it is best to err on the side of treating it as confidential. Of course, as Figure 10-1 illustrates, it is possible to go to extremes so that the best interests of the patient are lost in the process. A good general rule regarding potentially confidential information is to treat caution as a virtue.



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Figure 10-1.

Confidentiality and privacy


Sometimes the notion of confidential information is discussed within the framework of the constitutional right to privacy.2 This framework is not incorrect because the right to privacy means that there are aspects of a person’s being into which no one else should intrude. We return to this idea of privacy later. At the same time, confidential information creates a situation a little different than privacy, taken alone.


Patients who share private information have chosen to relinquish their privacy because they have a reasonable expectation that sensitive information will be shared with certain people to further their welfare but with no one else.3 The patient thinks, “I may have to tell you something very private, perhaps something I’m ashamed of, because I think you need to know it to plan what is best for me. But I do not want or expect you to spread the word around.” There is an implicit understanding in the relationship that you, the professional, can perform your professional responsibilities only with accurate information from and about the patient. Patients and family caregivers trust that health professionals have the competency to maintain professionalism in communicating information necessary for health care delivery.



Reflection


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Go to the code of ethics or other guidelines of your profession and write down what it says about confidentiality.



Confidentiality, secrets, and the “need to know”


Developmental theorists tell us that concern about confidentiality begins when a child first experiences a desire to keep or tell secrets. Secrets manifest a developing sense of self as separate from others, and the desire to share secrets is an expression of reaching out for intimate relationships with others. How secrets are handled in those early stages of development can have long-lasting effects on an individual’s sense of security, self-esteem, and success at developing intimacy.4 The power of a secret, or of being in a position to tell a secret, is nowhere conveyed more clearly than when a 2-year-old child has a secret pertaining to someone’s birthday present! When was the last time that you had a secret that was so potent it was difficult, maybe impossible, to keep?


It is not considered a breach of confidentiality if you share “secret” information with other health professionals involved in the patient’s care as long as the information has relevance to their role in the case. In fact, to share it is deemed essential for arriving at a caring response because up-to-date, thorough information is the structure on which high-quality health care delivery to a patient depends.5 Some information comes from your clinical evaluation of the patient’s condition; the rest has to come from the patient.


A reliable general test for who among team members should be given certain types of information is the “need to know” test. Need-to-know information is necessary for one to adequately perform one’s specific job responsibilities. Does he or she need this information to help provide the most caring response to the patient? Sharing of clinical information must occur so that the health care system can effectively care for a patient. Information that passes the need-to-know test must be distinguished from that which a teammate might be interested to know and especially from information that has no bearing on the teammate’s ability to offer optimum care.



Reflection


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Susan is a nurse who works in the orthopedic department of a large urban hospital. Her son’s girlfriend was admitted to the medical department of the same hospital for treatment of a staph infection in her right ankle. Susan’s son asks his mom to “look in the computer and find out what is going on with his girlfriend.” What should Susan do?



If you answered that Susan should not access her son’s girlfriend’s record, you are correct. Susan is not a health professional on the team caring for this woman, so she does not have a “need to know” the details. She could go to visit the girlfriend in the hospital and offer her support; however, accessing her medical record would be a breach of confidentiality. Any information about a patient should never be passed along to someone not involved in the care of a patient. All patients have a right to privacy.


What if Susan worked in that department and was the nurse assigned to take care of her son’s girlfriend? In this case, Susan would have a “need to know.” If she was assigned to care for the girlfriend, she would need to access the medical record for relevant clinical details. Susan may choose to recuse herself from the case and seek an alternative patient assignment given that she knows the girlfriend; however, this decision would depend on other factors such as the needs of other patients on the unit and staffing. Her need to know still would not warrant her sharing the information with her son.


Keeping confidences


In Chapters 2 and 4, you were introduced to the ideas of caring and the character traits that a health professional should cultivate. Keeping secret information that flows from patient to health professional is not valued as an end in itself but rather as an instrument that serves trust. And the ultimate value that both the keeping of confidences and the subsequent building of trust points to is human dignity.



Summary


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Keep confidences


to


Build trust into the relationship


to


Maintain patients’ dignity

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Mar 17, 2017 | Posted by in PHYSICAL MEDICINE & REHABILITATION | Comments Off on Why honor confidentiality?

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