Legal Requirements for Confidentiality in Hospice Care

SUMMARY

In the absence of federal legislation or a federal constitutional right to medical privacy, state law governs hospice workers’ legal obligations. States differ in the breadth and clarity of their law, how strongly they encourage preservation of confidentiality, what aspects of a medical encounter are confidential, and when a patient is deemed to have waived the right. All states, however, recognize a legal duty of confidentiality in certain circumstances, but also recognize exceptions to the duty. Understanding the law is necessary but not sufficient; hospice staff should be prepared to adjust procedures and physical surroundings to protect confidentiality. [Article copies available from The Haworth Document Delivery Service: 1-800-342-9678. E-mail address: [email protected]]

Notes

See, Burnum, John F., “Secrets About Patients,” 324 New Eng. J. of Med. 1130 (April 18, 1991).

A case from the 1995-96 Term of the Supreme Court could revisit this point. The case, Jaffee v. Redmond, No. 95-266, directly concerns the existence of a psychotherapist-patient privilege under the Federal Rules of Evidence.

The best known decision is Tarasoff v. Regents of the University of California, 17 Cal. 3d 425, 551 P.2d 334 (1976).

Additional information

Notes on contributors

Anne M. Dellinger

Anne M. Dellinger, JD, is Professor of Public Law and Government, The University of North Carolina at Chapel Hill; formerly, Counsel, Hogan & Hartson, Washington, DC.