Question

Mr. jones is suing dr. marks for breach of confidentiality in regard to the disclosure of his positive test results related to a sexually transmitted disease. what defense might dr. marks claim to counter mr. jones claim?

Answer 1

Answer:

The correct answer here is that as per HIPAA, and the Privacy Rule, there are 12 instances in which disclosure of protected health information may be done, one of them being, when it regards communicable diseases, such as sexually transmittable diseases, to public health authorities, and also when it is considered that the information is relevant to serious threat to health or safety.

Explanation:

HIPAA, also known as the Health Insurance Portability and Accountability Act, which was established in 1996, and the Privacy Rule, sought to establish the guidelines that all healthcare entities had to follow in order to ensure the protection and correct management of private healthcare and personal information of the people they worked with, especially in regards to how digitalized information can be used and protected. Among the many things established by HIPAA, there are also provisions and exceptions to the strict protection rules of personal and healthcare information, among which there are 12 specific exceptions, including the signing of disclosure authorization of information, and also the unauthorized disclosure of information, when the situation justifies it. One such instance, in which a doctor may communicate private health information of a patient, is when he has to disclose this to appropriate public health agencies, or when there is a threat to the safety, or health, of a patient, especially when it has to do with a transmittable disease. These two instances can be used by Dr. Marks  as defense to Mr. Jones lawsuit.

Answer 2

I believe the answer is: Mr. Jones had signed an authorization to disclose the information for the test results and the result should be given to the health department.

By making this authorization, Mr. Jones has given Dr. Marks with the right to handle the information regarding his personal test as long as its within the scope of health department database. This would take out all the legal grounds that Jones could use to sue Dr. Marks.