Mrs. Marion Kreisel MSN, RN Adult Nursing 130

 A medical student took home copies of patients' psychiatric records to work on a research project. When finished, he disposed of the material in the dumpster of a fast food restaurant (where they were found and given to a newspaper reporter).

 Several hundred hospital workers browsed through the records of a famous patient that had recently come to the facility, even though few of them were actually involved in the case.

 A hospital posted the psychiatric records of dozens of children on its public web site, where they remained for weeks until discovered by a newspaper reporter.

 Reactions to these sorts of abuses, as well as a general concern about health privacy, led to the passage of HIPAA

 The Health Insurance Portability and Accountability Act.  It’s the LAW!  It’s the RIGHT THING TO DO!

 The visitor who passes a computer screen, the housekeeper who cleans your hospital room or employees talking in an elevator should not learn anything about your health information because it is private. It must be protected – and it is called Protected Health Information (PHI). PHI refers to any identifiable health information that enables someone to specifically identify a patient

 Lots of folks! Caregivers, medical records employees, utilization reviewers, folks in billing, insurance providers, and students could all look at private information. HOWEVER  Only those who must know information to provide care or do the work necessary to complete business responsibilities are legally and ethically allowed to know and use the information. They only need the minimum to accomplish the task.

 1. DO NOT give any information about a patient to anyone who is not directly involved in the care of the patient unless the patient gives an official consent or unless the law requires it.

 1. Why is this important? If patients are afraid to give us all their health information because we don’t keep it private, they will not receive the care they need and may suffer.  2. If the patients think we don’t protect their personal information, they will go someplace else.  3. Accurate research to improve healthcare will NOT occur if a patient holds back private information and healthcare cannot be cost effective without accurate information.

#1 You are the nurse caring for a person in your neighborhood. Your family who asks about this hospitalized neighbor what do you do? TURN TO ANOTHER PERSON AND DISCUSS  This means you should say, “I’m sorry, that information is confidential and I cannot share that info”

 #2 A friend who heard a celebrity is on your unit and asks you about it TURN TO A NEIGHBOR AND DISCUSS  This means you should say, “I’m sorry, that information is confidential and we cannot share that info”

#3 A co-worker who is concerned about the diagnosis of a colleague who has a lump in her breast. #4 the visitor who just left the patient’s room. #5 the person who calls and says she is the patient’s daughter. #6 the official-looking man who says he is the patient’s lawyer. #7 the reporter who is writing an article about the patient

ANYONE YOU KNOW DOES NOT HAVE A LEGAL REASON TO KNOW ABOUT THE PATIENT.  This means you should say, “I’m sorry, that information is confidential and we cannot share that info”

 Make sure no one gets private and protected health or personal information by: 1. Not talking about patients in public places like the cafeteria, elevator, by the water cooler, in lounges, waiting rooms or parking garages. 2. Being sure no one can see your computer screen while you are working. 3. Never sharing your access code. 4. Logging off when not working on your computer.

5. Changing your code and notifying your supervisor if your code becomes known by anyone else. 6. Not leaving information on answering machines or s because you don’t know who can get your messages. 7. Leaving only your name and your number on message machines when you are asking patients to call you back. 8. Being sure you are in a private area when listening to or reading your messages.

9. Knowing who you are speaking to on the phone if not sure – get a name and number to call back after you find out it is OK to do so. 10. Being sure no one around you can overhear your conversation, especially in an office or waiting room. 11. Never leaving documents unattended Store, file, shred or destroy according to your departmental policy.

12. Making sure Fax numbers are correct and use a cover sheet with a confidentiality statement. 13. Giving your supervisor any papers or materials with patient information you find anywhere such as – a classroom or lounge – cafeteria, floor or wastebasket.

 If you happen to see a patient in any public place, be very careful in greeting them. They may not want others to know they have been a patient.  When calling patients in waiting rooms for appointments or talking to them in our healthcare facilities talk to them in a way that does not disclose their full name, doctor or reason for their visit to others who may over hear.

 Even when a patient has someone with them, they may not want that person to hear their private information so ask the person to wait outside. If the patient requests them to stay, that is OK.  Do not post patient’s names and diagnosis or doctor’s name and private information in any public areas such as waiting rooms, nursing stations or assignment boards.

 A county health department worker copied lists of HIV patients, distributed the information to his friends and sent the information to a local newspaper.

 A university health facility sent s to transplant recipients that revealed the names of hundreds of donors to whom confidentiality had been promised.

 A woman brought her teenage daughter to work at the hospital, and left her unattended at a logged in computer. The girl looked up patient phone numbers, and phoned to tell them that they'd tested positive for H IV. One patient attempted suicide.

 All healthcare organizations must take special steps to protect your health information. They and their employees can be fined and/or imprisoned if they do not follow special rules to protect your privacy. 1. You can lose your job and license 2. Face criminal penalties 3. Be forced to pay civil penalties 4. Be forced to pay fines & penalties for violating state law