Healthcare Leadership Course: Patient and Family Centered Care PowerPoint PRIVACY AND CONFIDENTIALITY BY KEVIN BLACKMAN RN BSCN Highlights 1. Describe the specific behaviors providers should practice to be respectful of patients’ needs for physical privacy. 2. Describe the specific behaviors providers should practice to ensure confidentiality of patient information. 3. Analyze a variety of clinical situations to assess how well providers are – or are not – protecting their patients’ privacy and confidentiality. Section 1: Introduction to Privacy and Confidentiality Privacy is hard to come by in the health care setting. Just think of the last time you were a patient, either in the hospital or the doctor’s office: the first thing you were asked to do was undress and put on a gown. Providers need to have quick conversations with other care team members in passing, often about the most private details of a patient’s life. In this lesson, you’ll learn specific skills that you should practice – with every patient, every time – to ensure their privacy and confidentiality. SECTIONS 1: INTRODUCTION TO PRIVACY AND CONFIDENTIALITY Nurses are frequently put in the tenuous position of being asked for patient information by patient’s families and well-wishers. An example is another employee checking to see how a friend is doing. On the surface this seems harmless. But, is it really? A key patient safety initiative is better improved labeling of drugs and devices. IV bags and medicines are now routinely labeled with the patient’s name, a step we take to assure we are delivering the right care to the right patient. When they are discarded in open trash receptacles in patient rooms, have we compromised the patient’s confidentiality? Busy, frequently overcrowded, hospitals are less than perfect environments. Conversations with patients can easily be overheard. What can we do to lessen the chances of inadvertent disclosure? Are we confident that we have correctly determined who "needsto-know" for every patient? How are we teaching the next generation of caregivers to think about confidentiality? Are there new tools we can give them? The consumer can access almost anything on the Internet today. Sophisticated search engines enable us to find everything ever written about any person or topic. Equally sophisticated efforts must be made by health care providers to prevent unauthorized access to patient information. How much information should we provide and what can we provide under HIPAA? What would our patients prefer? core concepts: Section 1: Privacy Privacy Is the right individuals have, to keep information about them from being disclosed. In other words, patients are in control of whether others have access to them or information about themselves. Patients decide who, when, and where to share their health information (Erickson and Millar, 2005). Personal Health Information Protection Act “The Personal Health Information Protection Act, 2004 (PHIPA) governs health care information privacy in Ontario. Information privacy is defined as the client’s right to control how his/her personal health information is collected used and disclosed. PHIPA sets consistent rules for the management of personal health information and outlines the client’s rights regarding his/her personal health information. This legislation balances a client’s right to privacy with the need of individuals and organizations providing health care to access and share health information. PHIPA permits the sharing of personal health information among health care team members to facilitate efficient and effective care. The health care team includes all those providing care to the client, regardless of whether they are employed by the same organization. PHIPA requires that personal health information be kept confidential and secure. Security refers to the processes and tools that ensure confidentiality of information. When using computers, nurses should refer to the Documentation, Revised 2008 practice standard (College of Nurses, 2009) What is personal health information? Personal health information is any identifying information about clients that is in verbal, written or electronic form. This includes information collected by nurses during the course of therapeutic nurse-client relationships. Such information relates to the following: Physical or mental health, including family health history Care previously provided (including the identification of people providing care) A plan of service (under the Long-Term Care Act,1994) Payments or eligibility for health care Donation of body parts or substances (e.g., blood), or information gained from testing these body parts or substances A person’s health number or; The name of a client’s substitute decision-maker. Clients do not have to be named for information to be considered personal health information. Information is “identifying” if a person can be recognized, or when it can be combined with other information to identify a person. Personal health information can also be found in a “mixed record,” which includes personal information other than that noted above. A personnel record containing a note from a physician or an NP supporting an absence from work is not considered personal health information. However, a description of the employee’s symptoms and treatment noted by an occupational health nurse (OHN) when providing care is considered personal health information. If the OHN’s records contain health and non-health information, then it is a “mixed record.” For example, the record contains a note substantiating the absence and the employee’s symptoms and treatment. The note substantiating the absence can be shared with the employer only if the health information is separated from the note (College of Nurses, 2009) Section 1: Confidentiality SECTIONS 2: INTRODUCTION TO CONFIDENTIALITY Often, the words Privacy and Confidentiality are used interchangeably, but It is important to know the difference between the two. Confidentiality is about how we, as health professionals, use and protect private information once it has been disclosed to us. This disclosure of information usually results from a relationship of trust and assumes that health information is given with the expectation that it will not be divulged except in ways that have been previously agreed upon. Usually the agreed upon measures include using patient information to coordinate treatment, for payment of services, or for use in monitoring the quality of care that is being delivered. Thus, breaching confidentiality occurs when nurses share information about patients with people that do not have a “need to know” status covered under the patient’s written authorization. With the increasing use of technology in providing quality care, maintaining privacy and confidentiality can be a challenging task, but it is the health systems’ responsibility (Erickson and Millar, 2005). SECTION 3: THE PRIVACY AND CONFIDENTIALITY EXPERIENCE Hospitals and office practices are public places, often noisy and busy. Providers are constantly in motion, yet they are dealing with the most private aspects of their patients’ lives. Private areas are often in short supply. Providers need to learn and practice skills to respect their patients’ physical privacy. And their conversations with patients and their families should always be treated as private and confidential. YOUR TURN Think about a time when you were a patient and you felt you didn’t have enough privacy. What specific things would you have changed about that situation? WATCH AND ANSWER Here are several scenarios dealing with privacy and confidentiality. As you watch each video clip, be on the lookout for which behaviors the caregiver does well – and which ones he or she does poorly, or not at all. Privacy Example: Waiting in the hallway https://www.youtube.com/watch?v =rUXWWUb74Jc Confidentiality Example: Pharmacy Window 2 https://www.youtube.com/watch?v =pJx_TzK6tLg How to Maintain Confidentiality and Privacy Providing PFCC is a journey, and your organization may just be starting that journey. Still, any caregiver can find lots of opportunities to practice behaviors that support patients’ privacy and confidentiality. Here are the essential behaviors providers need to practice to respect their patients’ privacy and confidentiality: When communicating with family members, always keep the patient’s best interest in mind. This may translate into adequately informing long-distance family members so they are able to properly respond and support their vulnerable loved ones. Never assume you have the right to look at any type of health information unless you need it in order to do your job. For example, co-workers’ phone numbers for personal reasons may be looked up by the interested party on the Internet or the phone book. Phone numbers needed for work-related reasons may be obtained from the supervisor or the employee database if you have been authorized for access. Always ask yourself, "Do I need-to-know this information?" Need-toKnow is defined as that which is necessary for one to adequately perform one's specific job responsibilities. Hold your colleagues as accountable as you hold yourself when it comes to respecting patient privacy. When you see a nurse or physician carrying progress notes on their tray in the cafeteria for others to see, gently and politely remind them to turn them over in the name of confidentiality. When you are hearing a conversation between two care providers in the elevator or the hospital shuttle, politely ask them to please continue their discussion in a private area. Be a privacy mentor to nursing students just starting out in the profession. For example, keep medical records closed on desktops, close out results on computer screens, send out text paging with minimum necessary information (last name first initial), restrict excessive printing of health information from computers, restrict the removal of all copies of health information from the hospital, even if reports have been de-identified. Stand up to peer pressure when friends or neighbors ask you to do a favor by obtaining for them copies of their records or copies of a family member’s records. Always get written authorization and follow proper procedure. In many organizations, failure to follow proper procedures regarding release of information may result in disciplinary action, up to and including termination of employment or suspension of privileges. (Erickson and Millar, 2005) Other Strategies That Should Be Considered (Privacy) 1) Use a hushed voice when speaking with patients and families or when sharing information in public areas. 2) When possible, find a private area for talking with patients and families. 3) Consider patients’ needs for physical privacy. Before touching a patient or conducting a physical exam, tell the patient and family what you are going to do and ask the patient’s permission. 4) Use the environment to your advantage to convey privacy. Examples include knocking before entering, asking the patient if it’s okay to move a curtain, closing doors during an exam or meeting, and using a sheet to cover the patient’s body before and after a physical exam. (Institute of Healthcare Improvement, 2014) Other Strategies That Should Be Considered (Confidentiality) Never discuss patient information in public areas – elevators, hallways, cafeterias, parking areas, or on the phone in a patient registration area. Only discuss patient information in appropriate staff areas, and only with staff members who need the information to provide care. Ask patients for permission to discuss their care with family members present. Some patients may prefer to speak with you one-on-one about sensitive matters. Make sure systems and staff keep patient information confidential. Angle computer screens away from public areas and store patient printouts, lab results, insurance information, and other private paperwork out of public view. Keep confidential all patient information including (but not limited to): patient's name, physical or psychological condition, emotional status, financial situation, and demographic information. Share patient information on a "need- to-know" basis according to medical necessity. Keep confidential papers, reports, computer disks, and data in a secure place. Retrieve confidential papers from fax machines, copiers, mailboxes, conference rooms, and other publicly accessible locations as quickly as possible. Use technology such as fax machines and e-mail only to support patient care activities. Do not fax information to attorneys, employers, or patients. Always tear or shred paper copies of documents containing patient information. (Institute of Healthcare Improvement, 2014). (Institute of Healthcare Improvement, 2014) References 1) American Nurses Association (1999). Privacy and Confidentiality. Retrieved From: http://www.nursingworld.org/MainMenuCategories/Policy-Advocacy/Positions-andResolutions/ANAPositionStatements/Position-Statements-Alphabetically/PrivacyandConfidentiality.html 2) College of Nurses (2009). Practice Standard: Privacy and Confidentiality. Retrieved From: http://www.cno.org/Global/docs/prac/41069_privacy.pdf 3) Erickson and Millar (2005). “Caring for Patients While Respecting Their Privacy: Renewing Our Commitment". The Online Journal of Issues in Nursing. Vol. 10 No. 2, Retrieved From: http://www.nursingworld.org/MainMenuCategories/EthicsStandards/Ethics-PositionStatements/PrivacyandConfidentiality.html 4) Fadiman A. The Spirit Catches You and You Fall Down: A Hmong Child, Her American Doctors, and the Collision of Two Cultures. New York: Farrar, Straus, and Giroux; 1997. Institute of Healthcare Improvement. (2014). Retrieved From: http://app.ihi.org/lms/lessondetailview.aspx?LessonGUID=47cbe6c7-2a70-46ed-9630b2a5bf1663b3&CourseGUID=8eb52137-21d7-4b30-afcd-fd781de6d6d5&CatalogGUID=4cc435f0d43b-4381-84b8-899b35082938 5) Merriam-Webster Learning Dictionary. (2014). Culture. Retrieved from http:// http://www.websterdictionary.org/definition/culture) 6) Mehnke A. (2009). Managing a breach in patient confidentiality. OR Nurse. Retrieved from: http://journals.lww.com/nursingcriticalcare/Fulltext/2010/07000/Managing_a_breach_in_patient_confidentiality.12. aspx