Patient Information, Research Paper Example

Patient information can be disclosed to market nominal products or services. Is this ethical? Why or why not?

According to HIPAA, entities can only disclose or use a patient’s health records for marketing purposes when the patient authorizes. The main reason of being careful when providing authorization is to avoid instances of casually authorizing companies to disclose patient medical records for marketing purposes. However, it must be noted that some activities are likely to reveal patient information. They include activities such as signing in a manufacturers’ drug coupon: this will disclose a patient’s name and other information that the drug manufacturer did not have (Clarkson & Miller, 2006).

HIPAA has two provisions that allow entities to use and disclose patient information for marketing purposes. First, companies can have face-to-face communication with patients. This involves a nurse’s invitation to visit a weight loss clinic at the hospital. Secondly, companies are allowed to give promotional gifts whose value remains nominal. This involves provision of gifts like refrigerators to patients including their phone numbers. Incase the entity conducts the marketing exercise because it has been paid by a company, then it is ethical that the entity informs the patient. Most doctors are aware that disclosing or using medical records for the purpose of marketing is not ethical (Pozgar, 2011).

HIPAA rules require that patient information can only be used or disclosed for healthcare operations or treatment purposes. The rule allows that patient information can be used for case management, recommendation for alternative therapies and communicating about the treatment of the patient. The HIPAA rule has helped in limiting entities from using or disclosing patient information for marketing (Clarkson & Miller, 2006). For example, the rule prohibits entities from selling or renting lists of patients to manufacturers of drugs for the purposes of sending them junk mails. Most patients are the sources of marketing information used by companies. If a patient shows interest in a medical product and makes a purchase, this may reveal the patient’s interest thus diagnosis will be done. Companies can use such information to market their services and products forever.

References

Clarkson, K. & Miller, R. (2006). West’s Business Law: Text and Cases. California: Cengage Learning

Pozgar, G. (2011). Legal Aspects of Health Care Administration. New York: NY: Jones & Bartlett Publishers