The Future of Health Enabled by Information Summary Document ‘Shared care records will make it easier for patients and carers to manage their own health – and give valuable time back to clinicians’ – Consultant Paediatrician 1 Purpose The National Health IT Board, in association with the Telecommunications Users Association of NZ, ran a series of seven community workshops across the country through July and August 2010. Our aim was to examine the issues associated with shared health care records from the perspective of consumers. We wanted to make sure that consumers are fully informed and confident about how their health information is collected, stored and accessed throughout the health and disability sector, and that we were fully aware of all the issues so that these could be factored into the planning at an early stage. These workshops were part of ongoing engagement with consumers to make that happen. 2 Background The National Health IT Board vision for all New Zealanders is: ‘to provide high quality health care and improve patient safety by achieving a core set of personal health information that is available electronically to you and your treatment providers regardless of setting as you access health services, by 2014.’ Health information is deeply personal. Understanding what it comprises, and how to manage your own health care supported by clinicians, is important in making this vision a reality. A number of steps must be taken to make sure that health information is held securely. Already the National Health IT Board is working with clinicians, suppliers and IT departments that run health networks and systems to understand how this can be achieved. Working with the community is an important part of the process. Shared Care Records are about you, the consumer of health services. Your health, your family’s health and the health of the community are at the heart of our new approach in organising the way information is held and accessed in New Zealand. The workshops highlight our commitment to you and your community to getting this right. The Future of Health Workshops were the start of a serious national debate on personal health information across New Zealand. Around 250 people, with links to a wide range of consumer-centric organisations, took part. We intend to continue a dialogue to make sure that New Zealanders get a system that meets or exceeds the expectations of all parties in the health service chain, especially consumers. IT Health Board Page 1 1/11/2010 3 Workshop Outcomes Consumers want Shared Care Records Sooner rather Than Later Whilst we could not predict before the workshops what regional themes there would be, it became clear as we moved around the country that the same points concerned everyone. The acceptance of the concept of shared health records was overwhelmingly positive. The key agreements from the people who attended from the community were: – – – – – ‘We’re surprised how little sharing of information goes on,’ ‘We need shared care records and ideally sooner rather than later;’ ‘We need to be fully informed and confident about how our personal health information is collected, stored and accessed,’ ‘It’s our information, we need to feel we are in control of it – consumer leadership is needed alongside clinical leadership,’ ‘The move is excellent but before 2014 there needs to far wider public knowledge that it’s happening.’ There was also widespread support for the ‘break glass’ concept, where in a life or death situation a clinician could gain access to a complete Shared Health Record and justify the decision later. From the wide ranging discussions a number of common themes emerged that people felt needed to be discussed and explored, both in the community and in the health sector. 4 Key Themes a) Special sensitivity Much of the discussion was on health areas of special sensitivity. Typically these include mental health and sexual health, but sometimes there may be others such as domestic violence. There may also be new areas of sensitivity coming through and therefore personal health records may need to be future proofed to accommodate this. For example a person with Alzheimer’s may require full health care one week but be fully cognisant another week requiring no care at all – when and how will ‘permission’ work for this person. Personal health information related to areas of special sensitivity need to be explored and discussed fully. Some of the key unanswered questions are: – Who should define ‘special sensitivity’ areas? Mental and sexual health are obvious candidates, but are there others? Should the scope be the same for everyone, or should each individual be entitled to nominate any specific condition or consultation as sensitive and deserving special privacy? IT Health Board Page 2 1/11/2010 – – – If a consultation has been agreed as ‘sensitive’ or off the record, should there nonetheless be a note on the Shared Care Record indicating simply that there has been an off-the-record consultation, or should the record be silent? Should certain sensitive records be deleted after a particular time period – for example, a termination, or a pregnancy where a child has been given for adoption? Should GPs be entitled to opt out of the Shared Care Records system if, for example, they identify a community desire for off-the-record consultations on a larger scale? b) Permission Who should give permission to access health care records and when should this happen? Permission was a key issue transcending all the hot topics. At the workshops this issue was discussed in detail and key questions were debated at length. – – – – – – When as parents should we stop having permission to access our children’s health care records? Should there be a standard legal age? What are the implications of setting this too low, or too high? What should the boundaries be for young people with disabilities – for example if you have a child with Down’s syndrome who is now an adult living in sheltered accommodation should you as a parent still have access to their personal health information? Should the caregiver have such access? If older people become incapable of looking after their own health, should their children or caregivers gain access to their records? Should the decision be age based or is there another alternative? Should any purging of data take place first? Where there are family or caregivers who act as interpreters for a parent when they need to see a clinician, should these people have access to the records? All of the Record , or just the parts relevant to the consultation? When should partners, parents, and families have or give permission to access health care records? What about access by external parties – insurers, ACC, CYFS, and others? It is easy to say now that they won’t be given access, but external agencies can be persistent and such protections can erode over time. Is it desirable to give the records some specific, robust and enduring legal protection? Clearly the system for storing and recording personal health information must, and will be robust and flexible. It will be able to cope with one or two parameter variations. However, for the system to deliver to the greatest effectiveness, such variations must be kept to a minimum. Thus it is really important that the provisions made to deal with areas of special sensitivity is thought through with great care, and that the widest possible consensus is achieved, so that the system can function effectively. IT Health Board Page 3 1/11/2010 c) Audit Health records are innately personal. It will be critical for public confidence in the system that people know as a matter of right, exactly who has accessed their Shared Care Record, when, and for what purpose. They also need to have confidence that any unauthorised accessing of records will have a penalty that is a serious deterrent. Access must be auditable in every sense including: – – – – the date and time when the health care record was accessed what information was accessed, eg, basic information who has access to the health care record, eg, clinician; nurse or researcher? what action an individual can take if they feel their record has been accessed unlawfully. Some attendees suggested that consumers should also be entitled to expect that if there is a breach of confidentiality of their Shared Health Record they will be informed as of right about the circumstances, what information was accessed by who, and what disciplinary action has followed. People who access the health care records will need to know that there is a policy on this access. The rules around access, and the penalties for unauthorised access, need to be incorporated in the training regime before anyone in the sector is given a clinician log-in right. Penalties must be spelt out clearly and must be sufficient to be a real deterrent – for example, a health worker who accessed data about a celebrity and sold it to a magazine needs to face a penalty significantly greater than just losing their job. However an audit trail as above is only one part of the audit process. A further step is to make sure the system is robust, allowing for clarity of information input, and that this data is monitored to check whether the correct information has been added. Incorrect data entry can have a more serious outcome in the health sector than in most, so inputting of data should be made simple and clear using consistent terminology and parameters. This consistency is already taking place, increasingly, throughout the health sector. Crucially, there must be understanding about the very high level of trust that access to health care records confers. Most clinicians who access an individual’s personal health record do so enhance the health of that person. Other legitimate reasons for access can for example include medical researchers who require information from patients’ records, or a practice nurse who needs to check a repeat prescription. These individuals will need to work with strict ethical and privacy codes, and be fully trained in these issues and patient confidentiality. Finally, it was suggested in one Workshop that the sensitivity of Shared Heath Records was so important that they might benefit from explicit legal protection. IT Health Board Page 4 1/11/2010 d) Opinion versus results The scope of the information to be included in the Records was the subject of debate at all venues. There was no dispute that the records should include hard facts – for example laboratory results, results of examinations, and medication details. However, there was resistance to the inclusion of opinions or speculation as it was felt this might compromise the approach taken by other clinicians downstream. Participants agreed there is a need to flesh out the boundaries in this area and that consumers and clinicians together need to be consulted on this. e) Privacy Privacy was explored in great depth and is covered in part by the themes above such as special sensitivity areas. It was acknowledged that privacy was critical, yet needs to be balanced against the potential to save lives. No matter how robust the Records and the surrounding processes are, there will always be some individuals who are uncomfortable and want to opt out. Thought needs to be given to whether an individual can opt in or out, partially or fully, and what the implications of this are. Once the issues have been resolved further, the outcomes can be tested with key stakeholders including the Privacy Commission with whom the National Health IT Board is working and who has contributed to the National Health IT Plan. 5 Conclusion There is still much work to be done. Yet shared health care records are already happening on a limited scale. For example, the three Auckland DHBs are using a product called TestSafe which keeps test results in a secure online database that can be accessed by health care providers involved in a patient’s care, unless the patient makes a request to prevent the sharing of this information. Benefits already showing through include timely decision-making through access to up to date results, and reduction in time taken to receive diagnosis as patients may not have to provide extra test samples for different health care providers. The fact that this initiative has gone smoothly should give us all heart that the nation-wide introduction of Shared Health Records is highly achievable. 6 What Next? Currently we are in Phase One which is focused on identifying the key issues early. This is critical to achieving the vision of core Shared Health Records by 2014. The National Health IT Board will continue its engagement with consumers. This will be achieved through ongoing contact with the people who gave their time to attend the Workshops, consumer groups working in the health field, ethnic groups who may have specific cultural and other expectations, and the wider public. Our aim will be to make sure that all major issues are identified and dealt with early in the process, that the public become increasingly aware that the project is making progress, and that IT Health Board Page 5 1/11/2010 by the time of introduction in 2014 the stage is set for trouble-free introduction and widespread public approval. We want you to be confident that your personal health information will only be accessed at the right time for the right reason by the right person. In 2011 we plan to continue a programme of community consultation. We hope that you will be a part of our continuing journey to or vision of core Shared Health Records. 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