February 27, 2013
Ethical Dilemmas in the Protect of Medical Privacy
This ethical dilemma paper I wanting to discuss the issue that I have seen in my current profession as a Nurse’s Aide. In my profession I have come across patients that have the active HIV/AIDS virus and have not told their partners, husband, or wife that they have this sexual incurable disease. Yet, because of laws that I am to abide by such as HIPAA I cannot release that information to their significant other without losing my job and being in violation of the law. It is important to have this information shared with people who may have contracted a disease that someone is morally in capable of sharing with someone that they calm to “love”. These people may be living with a disease that they may not know they have because of a law that is actually emplaced to help patients rather than hurt them. There are laws that are in place for physicians and laboratories to report local or state health departments the names of people newly diagnosed with AIDS However, because AIDS cases represent onset of the disease caused by HIV, HIV data is necessary to monitor the epidemic. These reporting requirements differ from state to state and under regulations some states protect the medical release of the information. (assn.org) The ethical questions still arises, is it ethical right to follow the law of protecting the patients’ medical privacy when it comes to information released their about AIDS status and is there a way around this HIPAA?
HIPAA, The Privacy Rule standards address the use and disclosure of individuals’ health information called “protected health information” by organizations subject to the Privacy Rule called “covered entities,” as well as standards for individuals' privacy rights to understand and control how their health information is used. The Office for Civil Rights OCR has responsibility for implementing and enforcing the Privacy Rule with respect to voluntary...