PATIENT CENTERED HEALTH LAW STRONG FALL 2015
The Professional-Patient Relationship
Confidentiality and Disclosure in the Physician-Patient Relationship
Humphers v. First Interstate Bank of Oregon (pg. 255)—A physician who divulges information about a patient that allows her adopted-out child to locate her may be liable in damages thereof. The same liability may not apply for a regular invasion of privacy action, but the standards are different for doctors.
Doe v. Medlantic Health Group (pg. 262)—The obligation of confidentiality associated with the patient-provider relationship carries with it a stricter duty than that of a reasonable person to honor the trust and confidence created by the special relationship. Here Medlantic failed observe the utmost caution in preserving the confidentiality of P’s medical records and HIV status.
Health Insurance Portability and Accountability Act
Title I of HIPAA protectshealth insurance coverage for workers and their families when they change or lose their jobs. Title II of HIPAA, known as the Administrative Simplification (AS) provisions, requires the establishment of national standards for electronic health care transactions and national identifiers for providers, health insurance plans, and employers.
The Office of Civil Rights enforces the HIPAA Privacy Rule that applies to all individually identifiable health information. Violation of HIPAA can result in civil money and criminal penalties. The 2013 amendments changed the definitions of breach and marketing (see pg. 278-79). They also increased the civil monetary penalty for violations.
Special medical guardian
Guardian ad litem – Legal guardian, guardian in litigation
Actual guardian – Proxy for the judge
Hill-Burton Act—1970s rise in healthcare costs; 1980s corporations interests etc.
“anti-dumping law”, 2 requirements
Problems b/c “emergency” wasn’t defined
Amendment in 1979
Quality Control Regulation: Licensing Health Care Professionals
In re Williams (pg. 90)—While a medical board need not in every case present expert testimony to support a charge against a physician, the charge must be supported by some reliable, probative and substantial evidence. Here, the
The components of measuring quality: 1) Technical, 2) Interpersonal, 3) Amenities.
In re the Estate of Michael P. Smith v. Heckler (pg. 147)—The federal health department must enforce compliance with the Medicaid Act by focusing on patient care instead of homes’ facilities.
FDC/FDA—apps/privacy issue re: medical mobile apps.
Are the federal agencies not proactive enough? Is being proactive part of patient-oriented health law?
Glucksberg and 2007 drug case—Can health law not help terminally ill patients who want to die with dignity or take the risk to take a new, partially-tested drug to live? Why doesn’t the FDA carve out exceptions for taking unapproved drugs past 1st trial stage for competent terminally ill patients with 6 months to live (or no other viable options)?
ADA recognizes HIV+ & AIDS as disability because of compromised immune system.
HHS—US Dept. of Health & Human Sciences