decisionhealth Newsletters, Part B News - 2020 Issue 3 (March)
Attesting to a patient or candidate’s health? Sure, but don’t fudge the truth
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Article Overview
This article addresses a practical HIPAA and medical-ethics scenario involving a patient or political candidate who wants medical records released publicly and asks the physician to comment on health status. It explains the general privacy and authorization concerns, the limits on public disclosure, and the need for caution when making any statement or certification. The piece is aimed at physicians, practice staff, compliance professionals, and other health care administrators who handle patient requests for records or public attestations.
Why This Topic Matters
Requests for public health attestations can create privacy, confidentiality, and professional responsibility risks. Understanding the general boundaries discussed in the article can help practices avoid inappropriate disclosures and avoid statements that may conflict with ethical duties or applicable law.
What You Will Learn
- How public release of medical records can raise privacy and confidentiality concerns
- Why physician statements about a patient’s health may require careful authorization review
- What general ethical and legal issues can arise when a provider is asked to attest to a candidate’s fitness
- Why legal review may be advisable before helping with public disclosure requests
Who Should Read This
- Physicians
- Medical practice managers
- Compliance officers
- Health care attorneys
- Privacy and records staff
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