When considering a patient’s right to know whether a caregiver has AIDS and the caregiver’s right to privacy and confidentiality in relation to health information, it can be contreversial. I think it that the caregiver should give disclosure in confidence. I feel it is morally and ethically the right thing to do. It would also be safer. Health care professional work being at risk of contracting viral and bacterial diseases, with his information percautions can be taken.

In my opinion, as much the patient has a right to choose physicians and the right to trust a caregiver, the patient has no right to the caregiver’s health information. This is because employees also have a right to privacy and confidentiality including health information. Such disclosure might arouse discrimination and  lack of trust between the employee, the employer and the patient. What matters is if the caregiver can perform the duties assigned. 

Health care professionals are entitled to the same protection against discrimination under state and federal laws as all other members of society. As health care professionals, they should take all precautions against exposure to, as well as transmission of, the HIV virus by utilizing the recommendations of the DCD, OSHA and DPH. People with HIV infection and AIDS have the right to confidentiality and privacy about their health and HIV status.  Health care professionals are ethically and legally required to keep all information about clients or patients confidential.  Information about a person’s HIV status may not be disclosed to anybody without that person’s fully informed consent.  As a patient and/or health care worker with HIV who is receiving medical care or providing medical care you have certain legal rights. You are entitled to, Reasonable care no matter you race, gender, sexual orientation, ethnicity, national origin, age or source of income.
 

Healthcare workers (HCW) are entitled to the same right to privacy as patients when it comes to their personal health information. Mandatory disclosure of their AIDS diagnosis compromises not only the HCWs right to privacy and protection from discrimination, it also does little to enhance the patient’s safety. Studies have shown that the risk of transmission from HCWs to patients is extremely low, especially when universal precautions are followed, so it would be unreasonable to expect an infected HCW to disclose their PHI to every patient. 

 

Controversy can occur when considering the patients right to know information and the caregivers right to keep AIDS diagnosis private. It is against the law to divulge AIDS diagnosis of specific caregiver and the patient has right to know if they were potentially exposed to serious illness. I agree with the supreme courts decision to release partial information in the 1991 case of physician Doe. Due to the sharp instruments surgical procedures increase the risk for infected blood to transmit via surgical wounds. Disclosing the risk of potential transmission to the patient and withholding the caregivers name is acting ethically.

In this case provide some individuals feel that as the patient they have a right to know if their caregiver has AIDS but that is not true. The caregiver has the same right to privacy as the patient. They can decide whether or not to disclose this information with the patient. This information is not necessary for the caregiver to complete their job role and would not need to be disclosed unless they chose to share this information. 

 

In the case of a caregiver’s right to privacy, I believe that the patient they are taking care of has no right to know the PHI of the caregiver.  The caregiver’s diagnosis of AIDs is a private matter and should not be a factor in the care given by the caregiver, as long as the caregiver takes universal precautions for AIDs.  If the patient is aware of the caregiver’s diagnosis of AIDS, the trust and bond that is required for that relationship could be compromised, causing detrimental effects to the patient’s overall well-being, health and safety. The patient may become fearful of receiving care and not allow the caregiver to complete their duties, consequently putting their job in jeopardy by spreading sensitive information to other employees or members of the community. I can relate to my current profession as a physical therapist assistant working with medically compromised patients.  I require their medical history to do my job in an ethically sound manner, so I am aware of their health information including medical diagnoses, medications, family history, prior level of function, etc. This allows me to adjust my treatment plan accordingly so the patient can receive the maximum benefit.  All of this information is protected under HIPAA and I am bound to follow HIPAA rules and regulations, as patients or their POAs have signed a HIPAA consent form. My health information, on the other hand, has no bearing or effect on their eventual outcome.  

Health Information is protected under the Health Information Portability and Accountability Act of 1996 (HIPAA).  It is designed to protect one’s privacy and security under Federal law.  The information contained in a patient’s health record cannot be shared without the written consent of that patient.

HIPAA laws apply to all individuals, including health care professionals who personally treat patients.  Does a patient’s right to know whether their caregiver has AIDS outweigh that caregiver’s right to privacy and confidentiality?  At one time, I would have said yes.  There was a point in time where there wasn’t a lot of information available about how communicable the disease was or how to treat it.  Getting AIDS once meant it was a death sentence.  While there is still no known cure for AIDS, the advances in medicine and technology have removed the death sentence.  I still believe the patient has the right to know if they are potentially in harm’s way, but without the details that would reveal the identity of the infected healthcare professional or their condition.

I have enough confidence in the healthcare industry that there are adequate measures in place to make the likelihood of transmission of a disease such as AIDS minimal.  Additionally, I have faith and confidence that healthcare professionals who are in direct contact with patients have the ethical and moral commitment to remove themselves if their condition presents a likelihood of harming their patient.   I believe that the privacy and confidentiality that a healthcare worker is entitled to can be upheld while also protecting the individuals they are treating.

There is a bit of a controversy when it comes to healthcare professionals disclosing information about their own health. Patients may feel like they are entitled to know whether or not their caretaker has AIDS, but healthcare workers deserve and are entitled to the same amount of privacy as their patients. It is understandable that patients would want to know about their cargiver’s AIDS status so that they are aware of any risks of exposure to the disease. I think disclosing information like this would be the morally right thing to do, but healthcare providers are protected by the law in these certain types of situations. 

The confidentiality of health information is addressed under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). It includes safeguards that need to be implemented by a healthcare facility, setting standards to protect the privacy and security of its patients’ health information. Any information communicated by a patient to a health care provider is considered privileged communication and the security and privacy of it is addressed under HIPAA provisions. Patient confidentiality is necessary for building trust between patients and medical professionals. Patients are more likely to disclose health information if they trust their healthcare practitioners, leading to better interactions thus, higher-quality outcomes. 

The transmission of HIV from an infected caregiver to a patient during invasive procedures is not a common occurrence however, there is a foreseeable risk. Because of the potential consequence of such transmissions, physicians should not engage in any activity that creates a risk of transmission. The American Medical Association has issued guidance that HIV-infected practitioners undertaking exposure-prone procedures must either disclose this to their patients, obtaining their informed consent prior to treatment or must withdraw from treatment. Although this is not a mandatory requirement and it may differ in every state, I think the disclosure of a HIV positive physician who is performing the exposure-prone procedure should be mandatory while keeping any other personal identifiable information about providers confidential. To establish an informed consent, physicians are required to disclose all the risks that might affect a patient’s treatment decision. Although the risk might be minimum, caregivers not disclosing their HIV status to patients in exposure-prone procedures may be neglecting the disclosure of all the risks involved.

HIPAA ensures no information in an individual’s health record can be shared with anyone without written consent of the patient. This is extremely important in that one cannot be discriminated against due to a medical diagnosis. As such, this also applies to medical providers and their personal diagnoses. 

Is a medical provider required to disclose they have AIDs to their patients? Absolutely not. It is none of my business just as it is not the business of my employer that I have rheumatoid arthritis. Would I disclose my disease to them? I would, but that is my choice to do so. If the physician feels themselves morally obligated to inform their patients that is perfectly fine, and I would truly appreciate the transparency. If they chose to keep their diagnosis to themselves, also perfectly acceptable. After all, who knows better how to protect themselves and others from pathogens than a medical professional? Everyone handles a disease diagnosis differently and it is not my place to tell someone how they should share that with others. 

Does a caregiver need to disclose to a patient that they have aids? Caregivers are entitled to the same health information protection as the patient. If the caregiver takes the proper measures to protect themselves and the patient, wearing proper protection and following safety guidelines they shouldn't have to disclose they have aids. In a setting a patient should never encounter a caregiver’s bodily fluids. So, there should be no threat of the patient being exposed.

​Caregivers are under the same protection as patients, so their health information is private as well. If a caregiver has AIDS, they are not required to tell their patients. They should protect themselves with personal protection equipment (PPE), therefor they wouldn’t be passing the disease to the patient. AIDS is not transmitted airborne, so the patient would not have to worry about that. Unless something happened to where it is possible the caregiver may have transmitted the disease to the patient, I do not think it needs to be discussed.

            On the topic of AIDS and the caregiver’s right to privacy and confidentiality. I am of the mind to say that all healthcare workers should be tested for easily spreadable diseases. That is not to say that they cannot work in the healthcare field, this information would help with taking extra precautions. As to if the patient needs to know if the caregiver has AIDS? No, they definitely do not need to know as they (the caregiver) are protected by the same laws as their patients. 

HIPPA is the Health Insurance Portability and Accountability Act of 1996. It is a federal law that President Bill Clinton signed to require the creation of national standards to protect sensitive patient health information from being disclosed without patient consent or knowledge (CDC, 2018). Covered entities are those who are subject to HIPPA. These are healthcare providers, healthcare plans, healthcare clearinghouses and business associates.

There are certain instances where these entities do not need to adhere to HIPPA. If a healthcare provider is disclosing health information to the patient which then leads to treatment, payment or healthcare operations, HIPPA cannot apply until the patient is aware of the information.The patient has the ability to agree or object to the disclosure of their health information (CDC, 2018). 

One main occurrence where HIPPA does not apply is to prevent or lessen a serious threat to health or safety. Say you have a caregiver with AIDS. This is a serious and contagious disease if you come into contact with the infected person’s blood. Even though this is the caregiver’s health information, they have to disclose it if there is any chance that they could spread the disease. This can prevent a threat to other’s health and safety.  

Citation

CDC. (2018, September 14). Health Insurance Portability and accountability act of 1996 (HIPAA). Centers for Disease Control and Prevention. Retrieved October 21, 2021, from https://www.cdc.gov/phlp/publications/topic/hipaa.html#:~:text=The%20Health%20Insurance%20Portability%20and,the%20patient's%20consent%20or%20knowledge. 

While there is no cure to AIDS, the understanding and treatment of this disease has advanced over the years. Hospitals have many safeguards in place for several possible outcomes and I would hope that they are strong guidelines in place to protect a patient from a physician who has been contracted AIDS. While a physician may have the same rights and HIPPA protections as a patient, I believe there is some gray area in the necessity of a physician reporting such a diagnosis since they do have the possibility of transmitting a lifelong, uncurable disease with high ramifications. Such a diagnosis does not inhibit one’s ability to do their job but since it can be transmitted by blood I can see where it would be important for a surgeon who will be operating on the internal systems of a patient with sharp instruments to let their patient have all the information. I cannot definitively say that I personally would be comfortable with a surgeon infected with AIDS operating on myself or one of my children but at the same time I know that they are protected by the law and do not have to divulge such information. 

Controversy can occur when considering a patient’s right to know about their caregiver’s health information vs. the caregiver’s right to health privacy. The caregiver knows the patient’s health information because it is needed to help the patient. When a patient is seen in a hospital where bodily fluids can be excreted, the caregiver takes proper precautions to protect against any cross contamination. The patient should not need to know any health information on the caregiver, just that they are able to help them in a medical situation. If you knew your doctor had AIDS and was the only one on the staff who could help you, would you say no because of their health history? No. You would take the help just as that doctor would help you if you had AIDS. The PPE worn protects everyone against contamination.  

I agree with the Superior Court of New Jersey’s decision in, Behringer Estate v. Princeton Medical Center which required informed consent when performing a surgical procedure, when the Court stated, “Moreover, he can avoid the risk entirely without any adverse consequences for his health: By choosing another equally competent physician.” I believe the patient has the right to know the risk of an operation including blood pathogens even if the risk is negligible. 

Health information is the data related to a person’s medical history, including symptoms, diagnoses, procedures, and outcomes. Health information is regulated by different federal and state laws, depending on the source of the information and the entity entrusted with the information. The Family Educational Rights and Privacy Act (FERPA) and the Health Insurance Portability and Accountability Act of 1996 (HIPAA) are two examples of federal laws that regulate privacy and the exchange of specific types of information. The work of healthcare providers, school personnel, and others interacts with FERPA and HIPAA frequently, which is why it is important to understand these laws and know when they apply.

  Patients right to know:                                                                                  

   Patients must understand that caregivers have as much of a right to privacy regarding their health information as does the patient. The patient cannot assume that if the caregiver has AIDS that the care would be compromised or diminished. My thoughts on a patient’s right to know whether a caregiver has AIDS and the caregiver’s right to privacy and confidentiality in relation to health information.