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Right-to-know laws pertain most to

Updated: 8/16/2019
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Ashley1981

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14y ago

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The Health Insurance Portability and Accountability Act of 1996 (HIPAA) gives the patient access to their medical record (but not psychotherapy notes) at the federal level. Furthermore, HIPAA has a clause that allows "more stringent" State law to supercede HIPAA if the State law is more protective of the patient's privacy and/or allows more access for the patient to their own records.

Parents may or may not have a "right to know" about the medical condition of minors in their custody, even if they are legal custodians. Reasons for this appear at the state and federal level, change constantly, and are way to numerous to list conclusively here. A few reasons custodians may not be allowed access to a minor's info include:

  • Pregnancy, especially if there is a possiblity that the parents' knowledge of the pregnancy would put the minor and/or the fetus at risk.
  • In cases of suspected abuse.
  • In cases of HIV/AIDS or other STD's.

The patient themself may not have right to know in the following instances:

  • Possibly in cases where the notes include the hospital's preparations for an anticipated legal action. This last is highly complex and I'm not aware of any case law, so exactly what it means, even the courts don't know.
  • If access to the minor's record would endanger a thrid party. For instance, if a friend of the patient informs the hospital privately of the patient's condition in such as way that the patient or the patient's guardians may respond violently.
  • In cases where names are transmitted from third parties. For instance, if the patient's record contains a name of another patient, that name would be supressed.
  • Psychotherapy notes.
  • The Provider may withold information from guardians if she has cause to believe that revealing such information would present a danger to the patient or to another party.

Otherwise, "Right to know" would allow for patient info to be supplied under the following situations, as long as they don't invovle an exclusion listed above:

  • Any information the patient wishes to release except psychotherapy notes.
  • Law enforcement must be notified of any actions the patient plans or may commit that represent a danger to herself or others and are a crime. For instance, if the patient indicates the intent to commit murder, the provider must notify law enforcement. Law enforcement in turn may opt to notify the potential victim of the threat.
  • The patient's Personal Representitive (as described in HIPAA 164.502(g)(2) must be notified of everything the patient would be told, unless there is cause to assume that informing the Personal Representative could represent a threat to the patient's wellbeing. Note that PR's are not necessarily parents, have a Power of Attorney, or an Enduring Will.
  • If the patient is incarcerated, the Correctional Agency has a right to know their medical condition (but not their psychotherapy notes).
  • If the patient is in the military, the military has a right to know their medical condition (but not their psychotherapy notes).

Note that informing the parents of adolescent girls' pregnancies is generally the center of the "Right to know" debate (although one could argue STD's are as well). While this varies from state to state, the general rule is the parents do not necessarily have a "right" to know this information.

The primary basis for information release to parents derrives from a different area altogether. More and more, medicine relies on "care networks" -- groups of people -- often familes -- that assist in the patient's care. Typically, close blood relatives and spouses are part of this (barring again concerns regarding abuse or danger to the patient). As such, by custom, they are part of the patient's caregiveing "team" and will generally be provided with quite a lot of information, unless the patient has asked this info be witheld, or the providers have concerns about dangers to the patient in revealing this info.

--------------------------

The above answer has nothing to do with this question. What this is asking is about the Occupational Safety and Health Act (OSHA).

A. Collective bargaining

B. Medical record confidentiality

C. Hazardous substances in the workplace

D. Sexual Harassment in the workplace

The answer to this is C.

You can find this on page 159 of your Law, Liability, and Ethics Text Book

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