Ethics Opinions

In keeping with the professional responsibility to safeguard the confidentiality of patients’ personal information, physicians have an ethical obligation to manage medical records appropriately. This obligation encompasses managing the records of current patients, retaining old records against possible future need, and providing copies or transferring records to a third party when requested by the patient or the patient’s authorized representative.

Information gathered and recorded in association with the care of a patient is confidential, regardless of the form in which it is collected or stored.

When there is reason to believe that patients’ confidentiality has been compromised by a breach of the EMR, physicians have a responsibility to follow ethically appropriate procedures for disclosure. The degree to which an individual physician has an ethical responsibility to address inappropriate disclosure depends in part on his or her awareness of the breach, relationship to the patient(s) affected, administrative authority with respect to the records, and authority to act on behalf of the practice or institution.

Physicians have a responsibility to balance patients’ needs and expectations with responsible business practices. With respect to fees for nonclinical or administrative services provided in conjunction with patient care, physicians should clearly notify patients in advance of fees charged by the practice (if any) for nonclinical or administrative services and base fees (if any).