Legal requirements for confidentiality in hospice care

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.