...HIV Disclosure to Sexual Partners an Ethics Study Human immunodeficiency virus (HIV) is a prominent disease in the United States today. According to the Centers for Disease Control and Prevention, approximately fifty thousand Americans will be newly diagnosed with HIV this year alone (Basic Statistics, 2014). Although HIV can be transmitted in several ways the most common ways are via sexual transmission or intravenous drug use. Therefore there has always been a stigma attached to HIV – even for those who are in the health profession. A nurse who has been in this vocation for twenty years will probably be able to tell you of a nurse who refused to take care of an HIV patient. Nursing has come a long way since the 1980s, when HIV became known. However, there are still issues that a nurse may face today. One of these issues is when a newly diagnosed HIV patient has a significant other. Should a nurse, knowing the potential devastating consequences of HIV, tell a patient’s sexual partner about their HIV status? This paper will discuss, the legal, moral and ethical ramifications of HIV disclosure. It will weigh the pros and cons of a nurse revealing this information, and it will provide recommendations for nurses who encounter this issue during their practice. It is understandable that a nurse may feel perplexed about this ethical dilemma. Once someone is diagnosed with HIV, they will have the disease for the rest of their lives. Currently there is not a cure. Although...
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...How HIPPAA Violations Affect the Medical Billing Process, Part Two Amber Padgett HCR/220 October 19, 2014 Felecia Pettit-Wallace The purpose of this paper is to relate to ways that the Health Insurance Portability and Accountability Act (HIPAA) violations may affect the medical billing process. While researching, the findings conclude that confidentiality of health information was adopted centuries ago. The findings of the research show that although, HIPAA laws have been put into place to protect the privacy and confidential heath information of patients; HIPAA laws are sometimes violated. The medical billing coders are sometimes careless when handling confidential information; however medical health records should be protected adequately. The coder that violates the HIPAA laws concerning the confidentiality and privacy of patient health information can suffer serious ramifications. The ramifications of these violations could result in serious penalties such as disciplinary actions by the employer, monetary fines, and jail time, or both. HIPAA violations ranks number one among the complaints received by the Office of Civil Rights each year. Humans take pleasure in the right to privacy in every aspect of life. The right of protecting the confidentiality and privacy of identifiable personal health information takes first priority and is greatly cherished among most. The Hippocratic Oath, dating back centuries required physicians to keep medical information concerning...
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...Journal of AIDS and HIV Research Vol. 4(5), pp. 113-120, May 2012 Available online at http://www.academicjournals.org/JAHR DOI: 10.5897/JAHR11.019 ISSN 2141-2359 ©2012 Academic Journals Full Length Research Paper Disclosure of information by patients about HIV/AIDS infection in Northeastern Thailand Jaruwan Kownaklai1*, Darunee Rujkorakarn2, Weena Tanwattananon3 and Phoebe D. Williams4 1 Faculty of Nursing, Division of Family Nursing, Mahasarakham University, Mahasarakham, Thailand, 44150. 2 Faculty of Nursing, Mahasarakham University, Mahasarakham, Thailand, 44150. 3 Infection Clinic, Roi Et Hospital, Roi Et Province, Thailand, 45000. 4 University of Kansas School of Nursing, Kansas City, Kansas, USA, 66160. Accepted 6 July, 2011 Few studies have focused on the processes in which patients reveal their HIV infection to others. This study sought to understand these processes. Thus, the research questions were: (a) What were their thoughts about the moment when patients learned that they were infected? (b) To whom and when did patients disclose that they were infected? (c) How did they disclose the information? (d) How much or what information did they disclose, and what were the reactions of those who were informed? (e) Why did they reveal the information? The descriptive study was done using a convenience sample of 45 patients with HIV/AIDS at a hospital clinic in northeastern Thailand. The results showed that 67% told a family member, usually their mother, within...
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...and why HIV and AIDS information is more sensitive than other types of health conditions. We will also examine the social, legal, and ethical ramifications of improper information disclosure. In 1996 on August 21, the Health Insurance Portability and Accountability Act (HIPAA) was enacted by the Federal Government and signed into law by President Bill Clinton (HIPAA – The Health Insurance Portability and Accountability Act, 2011). According to “Health Insurance Portability and Accountability Act” (2012), “HIPAA does the following; provides the ability to transfer and continue health insurance coverage for millions of American workers and their families when they change or lose their jobs, reduces health care fraud and abuse, mandates industry-wide standards for health care information on electric billing and other processes, and requires the protection and confidential handling of protected health information” (What is HIPAA?). The main reason HIPAA was enacted was to protect patient’s personal health information regardless of its severity. Their personal health information is just that, theirs! For that reason, among many other, it is very important to know that a patient’s personal health information is not to be shared with any unauthorized person for any reason. Kibbe (2001) states “every practice regardless of its size will have to comply with the HIPAA security, privacy, and transactions regulations” (Key Points). HIPAA has rules and regulations for a reason, and they...
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...SOCIAL EFFECTS OF HIV AND AIDS AMONG THE YOUTHS IN KENYA; A SURVEY STUDY OF ELDORET TOWN GROUP MEMBERS REG No. FAITH TOMNO BTM/1008/08 MERCY RUTO BTM/1077/08 CAROLINE KOECH BTM/13/08 EVA NADUPOI BTM/1076/09 JOSPHINE MARITIM BTM/ 116/09 CHAPTER TWO 2.0 Literature review 2.1 Introduction This chapter reviews the previous studies on the related field, acknowledges the contribution made by the scholars’ publication (seminar papers, conference proceedings, business journals text books and periodicals) the literature review has been categorized under various sub headings. 2.2 Past studies Epidemics like HIV/AIDS are both a social phenomenon and a biological reality, and therefore occur within a specific social context. The process through which individuals decide either to take or not to take an HIV test takes place in a social context. HIV/ AIDS have become one of the most serious challenges facing human development and achievement of National and Millennium Development Goals in Kenya. 2.2.1 Characteristics of the youth without HIV and AIDS Personality characteristics They are successful in the way they present themselves to the surrounding environment, and most importantly their target. There are a great many books and resources about how to have a positive personal...
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...HIV and AIDS information is more sensitive than other types of health conditions because HIV is often transmitted through sexual activity or IV drug use, sharing of a needle. A diagnosis like HIV or AIDS implies some socially taboo behavior for some individuals. Also, AIDS was initially thought to be a disease unique to gay males and that stigma has stuck throughout the years. We now know that women and children of all ages, sexual orientations and races can also be the victims of HIV and AIDS. HIPAA demands privacy regarding a patient's personal information. That includes diagnose as well as information regarding sexuality and history of drug use. This applies to all diagnoses, but because of the social stigmas mentioned earlier, people are even more sensitive when it comes to HIV/AIDS disclosures. Inappropriately disclosing information can create family and social stress, employment issues and even housing issues. Discussing, diagnosing, and treating HIV/AIDS is a sensitive, private issue between a patient and his or her provider. This privacy is especially important, because any breach of privacy may result in stigmatization or discrimination against HIV/AIDS patients. Patients who are concerned that their health information will not be held private or secure may be discouraged from being tested for HIV and may be dissuaded from pursuing or adhering to recommended treatment regimens. The need for privacy and security must be carefully balanced with the appropriate sharing...
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...How HIPAA Violations Affect the Medical Billing Process Kathleen Davis HCR/220 7/22/2012 Lydia Cavieux HIPPA HIV and AIDS Keywords: HIV, AIDS, HIPPA One of the most sensitive of all disease is HIV and AIDS. These diseases keep many people from receiving treatment due to the fear of breach of confidentiality. This fear directly affects their health, because they do not receive the treatment they so desperately need. If any organization or doctor’s office breaches a patient confidentiality they could face civil or criminal penalties. HIPPA does not separate HIV/AIDS, but an individual is still protected under set guidelines. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) attempts to address some of the barriers to healthcare coverage and related job mobility impediments facing people with HIV as well as other vulnerable populations. HIPAA has three main goals. The first is to provide persons with group coverage new protections from discriminatory treatment. The second is to enable small groups (such as businesses with a small number of employees) to obtain and keep health insurance coverage more easily. The third is to give persons losing/leaving group coverage new options for obtaining individual coverage. This law provides several protections important to people with HIV/AIDS. The first is it limits (but does not wholly eliminate) the use of pre-existing condition exclusions. HIPPA also allows a patient to be aware of who will receive...
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...can be complex. On one hand health care professionals are expected to follow the Nursing and Midwifery Council’s (NMC) Code of Conduct 2010 guidelines which stress the importance of protecting patient confidentiality: “you must respect people’s right to confidentiality” (2010, p.3) and making every effort to promote patients as individuals who should be treated with dignity and respect (2010, p.3). Health care professionals may find themselves in turmoil over whether their necessity to protect others from cross-infection overrides the duty of care to their patient by keeping their information confidential; particularly in this case (see Appendix A) where the patient, Sam, has a head injury, knowingly has the Human Immunodeficiency Virus (HIV) and has told his nurse not to disclose this information with others over his fear of future career prospects. This essay will discuss in general the moral and professional issues raised by this scenario. There are no definitive answers to this scenario as everyone’s opinion of what is right and what is wrong differs. This essay explores the legal legislation that may guard his nurse if they feel that his confidentiality needed to be breached and also what legislation is in place to protect the general public from Sam. It will also try to explain what actions are in place to protect Sam; professional guidelines and laws available that protect confidentiality rights and procedures available to staff to prevent cross-infection. The four ethical...
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...HIV/AIDS in the Deep South Melony C. Haynes Baptist College of Health Sciences Abstract This paper examined HIV/AIDS in the Southern Region specifically the Deep South. Fundamental Causes and Proximate Factors were examined to explain and understand the high cases of HIV/AIDS in the Deep South. Poverty, lack of access to health care, lack of education, and prison policies were the reasons examined to explain the high cases of HIV/AIDS in the south. Populations at higher risk and why they are at higher risk were examined. These populations were: drug users, prisoners, African Americans, and women who experience domestic violence. HIV/AIDS in the Deep South HIV/AIDS at one time was considered a death sentence. There was not much information about the disease, much less a cure for the disease. However, there have been many strides made over the years. More money, time, and resources have been provided for the research of the virus. The research has identified how the virus is contracted and spread, as well as how it affects an individual’s body. The research also identified prevention methods and the medication that can be taken to treat the disease. Since the first cases of the disease in the late seventies to current day, the life expectancies of individuals are improving. For example Irvin “Magic” Johnson a famous ex-basketball player announced twenty years ago he was HIV positive. Very few people expected him to live this long because at that time the...
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...product and not endanger hemophiliacs that would be unknowingly taking a potentially deadly product. However, this would inhibit research and development and ultimately take money away from shareholders and employees. After weighing the options, we have come to the consensus that BioHemi cannot continue to sell the unemulsified product. Furthermore, BioHemi needs to stop production of the unemulsified product and only sell the emulsified product to the customers that we have fixed contracts with. The most important reason we cannot in good faith sell the unemulsified product is because we are infecting humans with a life threatening disease. This is especially true when the consumer is under the impression that the product is going to improve their condition. Seventy-four percent of the consumers contracted HIV from our unemulsified product. In addition, we are indirectly responsible for taking even more lives than just the hemophiliacs that contract HIV. The hemophiliacs will likely pass the disease on to others, who in turn can pass it on to others. Without proper testing and education, one does not know if they are infected with the disease and can therefore continue the spread of the disease. Keeping our profit margins high is not a justification for killing innocent people. Every human life is equal and should be treated as such. Ethically one cannot put a price on a human life. We have reviewed the option of continuing to...
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...HIPAA Confidentiality Rhonda Hogan HCR/220 Fonzette Mixon April 3, 2011 HIV and AIDS affect millions of people worldwide. Some of these people have HIV, only testing positive, whereas others already are diagnosed with AIDS. Still others who have not yet been diagnosed at all may be suffering inside and have no idea he or she is inflicted with this horrible disease. Confidentiality becomes more sensitive when interacting with HIV or AIDS patients. The Health Insurance Portability and Accountability Act (HIPAA) is the law that was enacted “in response to growing concerns about individual’s health information potentially being used inappropriately, causing barriers to health care coverage, and related job mobility impediments” (Biel-Cunningham, 2003). Acquired immunodeficiency syndrome (AIDS) is exactly what it states, an immunodeficiency (HIV) turned syndrome that is acquired. In other words, AIDS is caused by and acquired from HIV. The virus enters the body, via blood, semen, or an infected mother during birth, whereby attaches onto T-cells while working to grow inside. After replicating and destroying the T-cell, the virus moves onto other healthy T-cells until they have been taken over. Once enough T-cells are destroyed, the person’s immune system no longer functions. When acquiring a serious infection, the body’s lack of fight for the infection is because of an extreme low T-cell count, and a diagnosis of AIDS will be determined. As far back as the Hippocratic...
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...September/November 2008 Patrick Eba One size punishes all… A critical appraisal of the criminalisation of HIV transmission Lauded by lawmakers as an expression of their strong will to ‘fight AIDS’, HIV-specific laws have become a ubiquitous feature of the legal response to HIV in sub-Saharan Africa1 As of 1st December 2008, twenty countries in ECOWAS Parliament, the West African Health Organisation sub-Saharan Africa had adopted HIV-specific laws.2 (WAHO), the Center for Studies and Research on HIV-specific laws or ‘omnibus HIV laws’, as they are Population for Development (CERPOD), the Network of sometimes ironically referred to, are legislative provisions Parliamentarians in Chad for Population and Development that regulate, in a single document, several aspects of HIV and the USAID West African Regional Programme.3 and The stated objective of these HIV-specific laws, as communication; HIV testing, prevention treatment, care provided under several of their preambulary provisions, and support; HIV-related research; and the protection of is to and AIDS, including HIV-related education people living with HIV. The emergence of HIV-specific …ensure that every person living with HIV or laws in sub-Saharan Africa can be traced to the adoption presumed to be living with HIV enjoys the full of the Model Law on STI/HIV/AIDS for West and Central protection of his or her human rights and freedoms.4 Africa in September...
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...individuals who are to become employed here. Informed consent documents here imply that all information that is provided to the agency will remain confidential aside from certain specific guidelines. This is important because individuals who come to the agency, are in crisis for a variety of different reasons. There are things they may be interested in telling a clinician or crisis worker but want to ensure privacy. These documents make them feel secure in releasing that information. There are times however when confidentiality can and should be violated. When a person presents as a threat to themselves or others, this needs to be reported to the appropriate individuals. When a person discloses that they have been harmed or hurt, this needs to be reported. This is explained during any intake procedure and also explained to the individual at the moment they make any statements. The Authorization of Disclosure form for Kids in Crisis is very straight to the point and easy to comprehend. It gives a start and end date, states that the client has the right to revoke disclosure at any time and describes why the disclosure is needed. In the Mass Immunization Clinic Encounter Form the disclosure is very informative and clear...
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...THE CHARACTERISTICS OF PREGNANT WOMEN ATTENDING THE PREVENTION OF MOTHER TO CHILD TRANSMISSION OF HIV (PMTCT) PROGRAMME AT BULAWAYO CITY CLINICS, ZIMBABWE. by MGCINI SIBANDA Submitted in part fulfilment of the requirements for the degree of MASTERS OF ARTS in the subject SOCIAL BEHAVIOR STUDIES IN HIV/AIDS at the UNIVERSITY OF SOUTH AFRICA SUPERVISOR: DR GE DU PLESSIS JOINT SUPERVISOR: MR L ROETS SEPTEMBER 2008 DEDICATION This is dedicated to all women living with HIV, in the sincerest hope that this study will make a small contribution to programme development and implementation. I also wish to dedicate this to my family: Patience, Babongile and Bongiwe, with love. i ACKNOWLEDGEMENTS This study would not have been possible without the support, commitment and encouragement of a large number of people in a wide range of capacities. Unfortunately, it is not possible to acknowledge by name all the people who contributed in some way to the study. Above all l appreciate the contribution of all the pregnant women who participated in the study, who volunteered their time and valuable information. Particular thanks are due to my supervisor Gretchen du Plessis for her untiring effort and thorough guidance throughout the study. A special word of thanks goes to the Bulawayo Medical Director’s office and the staff at the city clinics for allowing me to carry out the study. I am also grateful to the research assistants who assisted in collecting...
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...Ethical Dilemma: Disclosure of confidential information and a duty to protect The job of a nurse is multifaceted. They are leaders, they are teachers, and they provide therapeutic nurse-client relationships. According to a recent poll conducted by Gallup (Newpart, 2012, para. 1), it should come as no surprise that the nursing profession is viewed as the most trusted profession where honesty and ethical standards are concerned. Nursing, like many other professional industries, have standards of practice in which to guide their decisions by providing frameworks for resolving issues. However, according to Walton (2013), with the growing complexity of ethical dilemmas now facing our health care system, nurses are often left asking: “what should we do, [rather than,] what can we do” (as cited in Black, 2014). What is certain is that ethical and...
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