CPCT Study Guide: Privacy, Confidentiality, and Reporting Work Injuries
Privacy and Confidentiality
Health Insurance Portability and Accountability Act (HIPAA) of 1996:
- Federal law directing healthcare workers in handling Protected Health Information (PHI).
- Guards against misuse or inappropriate disclosure of PHI.
- Establishes the foundation for privacy protection of health information and sets the standards for the transmission of electronic health information to ensure confidentiality.
Protected Health Information (PHI):
- Includes all information related to patient care in medical and electronic health records.
- Details what information is confidential and authorized release of this information.
HIPAA Rules Protect:
- Demographic data.
- Information relating to treatment, medications, and diagnostic testing.
Exceptions to Protection:
- Information without any way to identify the patient does not require the same protection.
- Researchers and those who gather public health statistics may use it.
Disclosure Restrictions:
- You may not disclose any information about a patient to anyone who has no involvement in that patient’s care unless the patient has given written authorization.
- A friend or family member being present does not automatically permit PHI disclosure.
- Determine who has access by asking patients and ensuring a consent form is on file.
Guidance:
- Any time you are unsure about sharing patient information, seek guidance from a nurse or manager before risking an illegal disclosure.
- Never assume it is okay to disclose information to anyone who asks for it.
Permissible Sharing of PHI:
- You may share PHI with patients’ providers, medical specialists, nurses, and billing, accounting, and healthcare insurance employees.
- Example: Releasing test results from an emergency department visit to the provider for follow-up care.
Consent Requirements:
- HIPAA originally required written consent for disclosure of all patient information.
- Revision requires providers to notify patients of their privacy policy and make a reasonable effort to obtain written acknowledgment of this notification.
Discussions:
- Avoid discussing patient information with colleagues in public places or with those who have no direct involvement in that patient’s care or treatment.
- Avoid discussing patients by their diagnosis, name, bed number, or other PHI in places where others can overhear the information, such as hallways, elevators, and break rooms.
Phone Communication:
- When discussing patients’ information over the phone, identify the person calling and their need for the information, check with the patient about authorization, or refer the caller to the patient.
- Speak at a low volume to prevent anyone from overhearing confidential information.
Electronic Health Record:
- A system-wide computer application for the storage, manipulation, and retrieval of patient information.
Patient Rights:
- Patients have the right to look at and receive copies of their own records.
- Only employees with access to the system can get this information.
- If a breach occurs, these actions are traceable.
Penalties for Illegal Access:
- Anyone who accessed these records illegally can be reprimanded, counseled, fired, fined, or otherwise penalized according to HIPAA regulations.
Patient Requests:
- When patients request their records, follow facility protocols for referring them to the right person or department.
Computer and Tablet Use:
- Use your own secure password and log off completely before leaving it unattended.
- Never share your password with anyone, and never allow anyone else to use the computer after you have logged into it.
- Do not write down your password and leave it where others might see it.
- If you forget your password or it has expired, follow facility procedures for acquiring a new one.
Printed Information:
- If you print copies of patient information or a log to assist you with completing assignments, shred these after use.
Screen Visibility:
- When at a computer terminal, position the screen so that people passing by cannot view it.
Social Media:
- Never connect with patients on social media or engage in any posting or commenting about patients or about workplace issues.
Repercussions:
- Repercussions for breaches of patient confidentiality can be steep fines or the potential loss of employment.
Reporting Work Injuries