All practioners need to comply with the Health Information Portability and Accountability Act (HIPAA) privacy rule (Fisher, 2013). The privacy rule gives rights to health professionals, as well as to their patients. Under the new law, psychologists can decide whether to release their psychotherapy notes to patients, unless patients would have access to their psychotherapy notes under state law (APA.org, 2010). Though the privacy rule does afford patients the right to access and inspect their health records, psychotherapy notes are treated differently: Patients do not have the right to obtain a copy of these under HIPAA. And when a psychologist denies a patient access to these notes, the denial isn't subject to a review process, as it is with other records.
I f the individual is incapable of giving consent then it should be the immediate family or next of kin. Any information shared should always be in the best interest of the individual. All information should be exchanged securely and access to it carefully controlled. PC2.3, 2.4 It is important not to assume that an individual who has dementia lacks capacity and can’t make decisions as their capacity can fluctuate and may be able to make a particular decision at a particular time and should be supported in doing so. They should be supported by any possible means including talking muscle movement such as squeezing of hands, nodding of head, sign language, picture cards etc.
E6 When in a childcare setting it is vital to maintain confidentiality in different areas not just for the child’s safety but the families as well! Confidential information must not be shared outside of the setting e.g family or friends. The following examples are to be kept confidential; enrolment forms, family’s health insurance information, health screenings and records, emergency contact information, contact information for those authorized to pick up child, emergency care consent forms , consent forms (permission slips) for outings or special activities, names of regular medical or dental providers who know the child, nutritional restrictions, progress reports, child observation logs, parent conference logs, medication logs, documentation of medical, behavioural or developmental evaluations, referrals or follow-ups, addressing issues relevant to the child’s participation in the program, documentation of any injury occurring at the program site and the steps taken to address the situation. While the rights and desires of families to keep their personal details private are important, there are also some circumstances under which identifying information should be shared for example; Program staff and the “need to know (might have a dietary or medical requirements so the cook or nurse will need to know) Outbreaks of reportable illness or Outbreaks of reportable illness as the information might be vital and used to saved the children’s life or keep them healthy. All children and their families have a right to have their personal information keep confidential.
The Health Information Portability and Accountability Act Savannah Taylor Colorado Technical University The Health Information Portability and Accountability Act The Health Information Portability and Accountability Act (HIPAA) consist of two rules, the privacy and security rule. The privacy rule has national standards that protect individual medical records. This rule also protects any personal information of an individual. This means that the Health Information Portability and Accountability Act have a clear understanding with an individual that on one outside the office can obtain any of his or her information. This also means that it would not allow information to be given out over the phone.
Unit 209 Understand how to handle information in social care settings. Outcome 1 Understand the need for secure handling of information in social care settings. 1.1 Identify the legislation that relates to the recording, storage and sharing of information in social care. The Data Protection Act 1998 controls how your personal information is used by organisations, businesses and the government. Everyone responsible for using data or storing data has to follow strict rules called 'Data protection principles' these are as follows: Used fairly and lawfully used for specifically stated purposes kept for no longer than is absolutely necessary kept safe and secure Not transferred outside the UK without adequate protection For more sensitive information such as ethnic background, political opinions, religious beliefs, health, sexual health and criminal records there is stronger legal protection.
For example information should not be given out to anyone who isn’t involved. Staff must get the consent of anyone’s information they need to share. Staff needs to make sure that the correct information is accessible for those who need to know, it is important. Legal requirements and codes of practice are also beneficial as they help keep a balanced relationship between the workers and service users. They also may obstruct the amount of support given to a specific client and this could be due to health and safety or not meeting the legal
Unit 001 Outcome 4 Introduction to communication in Health, social care or children's and young people's settings 1. Confidentiality .....is a set of rules or a promise that limits access or places restrictions on certain types of information 3. Situations where confidential information may be passed on .....Under certain circumstances, the disclosure of medical information is required by law. In these situations, consent from the person is not required. You should not disclose any more information than is absolutely necessary.
Confidentiality What is confidentiality and why is it important? The International Organization for Standardization (ISO) has defined confidentiality as “ensuring that information is accessible only to those authorized to have access”. Confidentiality is the state of being secret; “you must respect the confidentiality of your client’s communications”. Confidentiality is a basic principle in the relationship between professionals and patients. Confidentiality is based on: Privacy, which is related to the notion of respect for the person - people have a right to decide how much information about themselves should be shared with others, and public interest.
If confidential data is shared publicly this could cause an individual’s self-esteem to decrease dramatically therefore the implementation of the data protection act in organisations is essential so this does not take place. The health sector handles some of the most sensitive personal data, and patients have the right to expect that information will be looked after. It is important that all cases of discrimination which occur in health, public health and adult social care services are reported at the earliest opportunity, and are handled effectively. The Date Protection Act ensures that these types of discriminatory practices don’t take place by making it illegal for organisations to reveal any of the sensitive data they keep to anybody else. This prevents infringement of rights as it is a person’s human rights to have their data protected at all times.
Explain why it is important to have secure systems for recording, storing and sharing information in a health and social care setting: Current legislation requires everyone working in social care to maintain certain records and keep them secure. Different employers will invariably store different records and often in different ways. Most of this information is sensitive and therefore not available to the general public so it is important that information is stored, shared and recorded securely: • So that information held regarding supported individuals and staff are protected from unauthorised viewing • To adhere to legislation (DPA 1998) and (FOI 2000) • To allow important information to be accessible by health care providers, social services and entitled family members etc., It maintains the trust of the individuals you are supporting • It ensures there is written evidence for you to refer back to if there is a complaint, • Explain where and from whom to get advice and information about handling