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The Merck Manual of Health & Aging Logo

Committed to Providing Medical Information

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Table of Contents

Index

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CHAPTER 65   Understanding Legal and Ethical Issues
TOPICS   Introduction ~ Informed Consent ~ Confidentiality ~ Capacity ~ Competency ~ Advance Directives ~ Surrogates
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Confidentiality

Confidentiality laws and ethical principles protect the privacy of communication between a person and his doctor and what is written in his medical record. Even a well-intentioned family member who accompanies an older person on doctor's visits is not privy to private health information without the person's consent. Such information requires the person's permission for disclosure, unless the person lacks the capacity to grant permission. Almost all managed care and health insurance plans require information from the medical record to authorize payment. But under a new law, the Health Insurance Portability and Accountability Act (HIPAA), every person is informed of his right to limit how much of and with whom his private health information can be shared.

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