Protecting Patient Privacy Its Everyones Responsibility

1
Protecting Patient Privacy Its Everyones
Responsibility
2
Patients Are Concerned

• Did you know...
• 77 percent of all Americans feel their personal
  health information privacy is very important, and
• 84 percent said they were very concerned or
  somewhat concerned that personal health
  information might be made available to others
  without their consent.
• Only 7 percent said they are willing to store or
  transmit personal health information on the
  Internet, and only 8 percent felt a Web site
  could be trusted with such information.

Gallup Poll commissioned by MedicAlert, November
2000
3
Patients Are Concerned

• Did you know...
• 90 percent said they would trust their doctor to
  keep their personal health information private
  and secure, and 66 percent said they would trust
  a hospital to do the same.
• Only 42 percent said they would trust an
  insurance company, and 35 percent would trust a
  managed care company.

Gallup Poll commissioned by MedicAlert, November
2000
4
What Happens If Patients Dont Trust Us?

• Quality care is compromised
• conditions may go undetected or untreated
• health information may not be complete and
  accurate

5
What Do Patients Do When They Dont Trust Us?

• Do not obtain treatment
• Give incomplete or inaccurate information
• Pay out of pocket to prevent an insurance claim
• Move from one physician to another
• Ask the doctor not to document their actual
  condition

6
Your Responsibilities

• Curb human nature
• curiosity
• sharing
• Be sensitive
• Respect the patients right to privacy
• Know your organizations policies

7
New Patient Rights Are on the Way

• HIPAA
• Health Insurance Portability and Accountability
  Act of 1996
• Federal Privacy Regulations
• (April 2001)
• Established patients rights to privacy of their
  health information

8
Right to Access

• Patients have the right to
• Access or inspect their health record
• Obtain a copy from their healthcare provider
• Reasonable fees may be charged for copying
• Access and copying for as long as information is
  retained
• There are a few exceptions

9
Right to Amend

• Patients have the right to request an amendment
  (clarification or challenge) to their medical
  record
• May need to put request in writing
• Organization will review and determine if they
  agree or disagree
• Request for amendment becomes part of permanent
  record.

10
Right to Account for Disclosures

• Patients have the right to request a list of when
  and where their confidential information was
  released
• A list of disclosures (releases) within past six
  years (starting in April 2003)
• Date of disclosure
• Name of person or entity who received information
  and address if known
• Brief description of reason for disclosure
• Exceptions treatment, payment healthcare
  operations

11
Right to Request Restrictions

• The patient has the right to request an
  organization to restrict the use and disclosure
  (release) of their confidential information
• Can request restriction in use of information for
  treatment, payment, or healthcare operation
  purposes
• Organization is not required to agree with
  restriction(s)
• Patient can request to receive communication by
  alternative means or locations.

12
Right to File a Complaint

• The patient has the right to file a complaint if
  he or she believes privacy rights were violated
• Individual within the organization
• The Secretary of the Department of Health and
  Human Services

Organization must provide contact information
for filing a complaint
13
Right to Receive Notice

• The patient has the right to receive a notice of
  privacy practices
• Notice describes
• How medical information is used and disclosed by
  an organization
• How to access and obtain a copy of their medical
  records
• A summary of patient rights under HIPAA
• How to file a complaint, and contact information
  for filing a complaint

14
There Are Penalties

• Both criminal and civil penalties for
• Failure to comply with HIPAA requirements
• Knowingly or wrongfully disclosing or receiving
  individually identifiable health information
• Obtaining information under false pretences
• Obtaining information with intent to
• Sell or transfer it
• Use it for commercial advantage
• Use it for personal gain
• Use it for malicious harm

15
Doing Your Part

• Only access confidential information if you need
  it to do your job
• Protect your computer passwords
• Understand the law and your organizations
  policies
• Attend training and education programs
• Report problems
• Treat your patients information the way you
  would want your personal information treated

16
Protect Confidential Information

• Providing patients with quality healthcare
  includes protecting their confidential
  information.

17
Your HIM Professionals Are Committed!

• HIM Code of Ethics
• Promote and protect confidentiality and security
• Our goal is to maintain patient trust that their
• Medical records are protected
• Confidential information is kept private
• Continue to maintain and improve systems and
  safeguards to protect patient privacy