Question

A dermatology practice learns of a new product that can greatly benefit a number of its patients. The product is new on the market and has not been approved by any benefit plans for coverage. The physicians in the practice want to share information about this new product with their patients because they believe it could provide relief that has never been available to them before. However, many patients do not make regular appointments, so contact with them is sporadic. The practice wants to include a small insert about the product with appointment reminders because the physicians want to share the information about this great new product with their patients. Dermatology Practice Case Study Question: In your answers consider any HIPAA violations that may be violated. 1. Should the dermatology practice do this? Explain why/why not? 2. How does this case demonstrate ethical tension?

Answer 1

Yes, there are HIPAA violations in the dermatology practice. When there is a new drug discovery, pre-clinic testing is required followed by clinical trials. Clinical trials require health care providers to disclose the health information in e-transactions to research participants. In the scenario, the dermatology practice violates the HIPAA rules because without the new drug information was provided in appointment reminders without proper approval from the regulatory authorities. The information was shared which is a violation of HIPAA security and privacy rules as it uses patient data (contact e-mail) to share information about the new drug to the patients without the patient’s authorization.

Dermatology practice should not do this as it violates the ethical code of conduct as they use medicines that is not insured or obtained any patent rights to use it. The regulatory authorities for the pharmaceutical manufacturing needs to be first notified of any new discover and approval needs to be obtained. Then copyright and patent trademark need to be obtained to protect the new discovered medicine. Finally, the information can be disclosed to the patients.

This is an ethical issue because if the medicine fails, then it might result in greater harm to the patients. Also, using of patient information for the benefit of the dermatology practice is an unethical and unprofessional ethical practice.