Communicable Diseases in the age of HIPPA

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RedSHIFT

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Curious how the forum feels about these ethical topics.

1. A 45 year old male dx with active TB leaves your service AMA. Before discharge Pt states that he will not be bothered with a hospitalization because he has an air-line flight from New York city to Los Angeles in the morning. He is informed that his travel risk poses a risk to passengers and the community at large without treatment in quarantine and replies "you quacks don't know jack-****." Before leaving AMA, a nurse hears him say, "I have a flight to catch." As the resident physician, the patient is no where to be found and is presumed to have left the hospital.

2.A 39 year old female dx with HIV for the past 3 years and has repeatedly failed to disclose her status to partner. She states that she does not want to inform her sexual partner because "I'm scared that he will leave me." She is informed that her disease poses health risks to others who practice unsafe sexual practices with her. She becomes angry and quotes an LGBT website by stating the view of the AIDS Law Project’s view that there is no clear justification for such a breach of confidentiality under (insert US state here) law if a physician learns that an HIV+ pt is having unsafe sex or other risky behavior without having disclosed his or her HIV-positive status to a partner.



In each of these situations there are no "right" answers, just actions based on our values. What would you do? Do you lean more to pt privacy or public safety?
 
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Curious how the forum feels about these ethical topics.

1. A 45 year old male dx with active TB leaves your service AMA. Before discharge Pt states that he will not be bothered with a hospitalization because he has an air-line flight from New York city to Los Angeles in the morning. He is informed that his travel risk poses a risk to passengers and the community at large without treatment in quarantine and replies "you quacks don't know jack-****." Before leaving AMA, a nurse hears him say, "I have a flight to catch."

2.A 39 year old female dx with HIV for the past 3 years and has repeatedly failed to disclose her status to partner. She states that she does not want to inform her sexual partner because "I'm scared that he will leave me." She is informed that her disease is poses health risks to others who practice unsafe sexual practices with her. She becomes angry and quotes an LGBT website by stating the view of the AIDS Law Project’s view that there is no clear justification for such a breach of confidentiality under (insert US state here) law if a physician learns that an HIV+ pt is having unsafe sex or other risky behavior without having disclosed his or her HIV-positive status to a partner.

In each of these situations there are no "right" answers, just actions based on our values. What would you do? Do you lean more to pt privacy or public safety?
Do your own Medical Ethics homework (which ironically enough, you asking us for answers is unethical).
 
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Do your own Medical Ethics homework (which ironically enough, you asking us for answers is unethical).

Actually I just graduated from medical school and these were cases I was involved in as a fourth year. 4.5 K posts since 2009. Keep it classy bro.
 
pretty sure you can forcibly hospitalize a patient with TB. this is how we cured Tb back in the day in this country.

not sure about the 2nd scenario because that differs by state law. I believe you can leave it with the health department and they'll figure out what to do.
 
pretty sure you can forcibly hospitalize a patient with TB. this is how we cured Tb back in the day in this country.

not sure about the 2nd scenario because that differs by state law. I believe you can leave it with the health department and they'll figure out what to do.

He left. He just straight up disappeared.
 
Active cases of TB must be reported to the health department. If they deem it to be a problem, they would be the ones that contact law enforcement.
 
pretty sure you can forcibly hospitalize a patient with TB. this is how we cured Tb back in the day in this country.

In my state, if you refuse treatment or aren't fully compliant, they put you in a jail cell until you complete the treatment protocol. No joke. I saw someone this happened to near the end of his treatment. The room had negative air pressure and no windows. I can't imagine how depressing it must have been to be in solitary with no natural light for 9 months.
 
Special communicable diseases like those specified are reportable to the Health Department +/- CDC and are actionable by them.

I'm not sure what other options you can expect the physician can do in scenario 1. Take off work, try to track him down using your special set of skills and do a citizen's arrest? Call in a bomb threat to close down all airports?
 
pretty sure you can forcibly hospitalize a patient with TB. this is how we cured Tb back in the day in this country.

not sure about the 2nd scenario because that differs by state law. I believe you can leave it with the health department and they'll figure out what to do.

You can't. Recently there was a guy with active TB who decided to hop on some international flights AMA. I don't remember the details, but eventually TSA was notified and they grabbed him in the airport then threw him in a quarantine. He sued (or is suing currently) and now you can't isolate/quarantine people against their will.
 
You can't. Recently there was a guy with active TB who decided to hop on some international flights AMA. I don't remember the details, but eventually TSA was notified and they grabbed him in the airport then threw him in a quarantine. He sued (or is suing currently) and now you can't isolate/quarantine people against their will.
Pretty sure our county health department puts people on holds every day. I've taken care of at least a dozen of these people over the last year.
 
1 - Have police find him and hold him until he completes treatment.

2 - I believe as with all STDs, you are not obligated to break HIPAA to report a STD to your patient's sexual partner. You have to either convince the patient to tell her spouse or let it go.
 
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