Confidentiality
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Confidentiality

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Confidentiality Presentation Transcript

  • 1. Confidentiality
  • 2. Confidentiality
    • There are numerous types of information in any business that must be kept confidential.
    • Veterinary medicine is no exception
  • 3.
    • As a practice owner, I have just fired an employee for stealing money. Other staff want to know why the employee was fired.
    • Is it legal to discuss the particulars with the staff?
  • 4. Employee
    • All employee records including:
    • job applications
    • basic employee data – name, address, social security number, gender, date of birth, occupation, rate of pay, hours worked, deductions, actual pay
  • 5. Employee
    • employment actions – hiring, promotion, demotion, termination, transfer, layoff, and recall, polygraph and drug testing results
    • Must be kept locked up
    • All medical records needed under the Americans with Disabilities Act (ADA) must be kept in another separate locked file
  • 6. Employee
    • No employer may divulge any of the previous information to other staff unless they are directly supervising that staff member
    • An employee may divulge some of the previous information to you personally, but once you have knowledge of it, you need to keep it confidential.
  • 7.
    • Mrs A comes into the practice and routinely complains about everything that is done for her pets. At my dogs obedience class Mrs B starts complaining to me about Mrs A.
    • Can I commiserate with Mrs B and tell her how bad Mrs A is when she comes into the practice?
  • 8. Employer
    • An employer may not divulge any employee’s records as above to other parties without prior, usually written, authorization from the employee
    • If an employer is used as a reference by an employee, when applying for a new position, the employer may divulge information.
  • 9. Employer
    • Employers financial information is confidential
    • payroll, fees schedules, accounts payable, accounts receivable
    • Information about any vendors used
    • drug suppliers, accountants, attorneys, etc
  • 10. Employer
    • Information about clients/patients of the practice is confidential
    • Basically we are under the same HIPPA rules as pertain to human patients
  • 11. Client/Patient
    • All information in a medical record pertaining to the client/patient is confidential and can only be shared between staff in the practice as it relates to services provided to that client/patient.
    • Only specific information, as designated by the client, can be provided to outside sources with written or witnessed verbal consent of the client.
  • 12. Client/Patient
    • Information regarding a client’s personal relationships, financial status, treatment plans, personality, etc. can not be divulged to others.
    • Information regarding the status of a patient’s health, chances of recovery and living conditions can not be divulged
  • 13.
    • Mrs Jones calls. She has found a dog wandering around with one of our rabies tags on. We look up the number.
    • I can give Mrs Jones the dog’s owner’s name, address and phone number, right?
  • 14. Medical Records
    • The following can be divulged without prior written/verbal authorization:
      • Rabies status to health department or police if a human bite is involved
      • A copy of all pertinent records to a specialist/emergency center whom the pet is being referred to
  • 15. Medical Records
    • Medical records can be provided to the clients/patients pet health insurance carrier
  • 16. Medical Records
      • Lost or stolen animal if notified by the owner that the pet is missing and it has one of your rabies tags on.
      • Name, address and phone number of the owner to:
      • Police, a shelter, animal control or another practice
  • 17. Medical Records
    • Lost or stolen animals - if not notified by the owner, you can not give out information. You can only take their name and phone number. Then you must contact the owner, give them the information and have them directly contact the person who found their pet
    • or
    • You may have the finder bring the pet to you and you call the owner and have them pick up their pet from the practice
  • 18. Rights as a Job Applicant
    • See Handout – Lawful and Unlawful Interview Questions
    • In Heinke, M. and McCarthy, J., Practice Made Perfect, A Guide to Veterinary Practice Management 2001
  • 19. Rights as a Job Applicant
    • If an applicant’s job description requires access to and/or handling of controlled substances
    • The applicant can be asked if they have been convicted of a felony since DEA (Drug Enforcement Agency) regulations restrict who can have access to and handle controlled substances.
  • 20. Employee Rights
    • Each employee should have a separate employment file
    • The files must be kept in a locked, secure cabinet that is accessible only to management
    • Employees should be able to see their own file, but only by request and in the presence of management
  • 21. Employee Rights
    • The employer must provide a safe workplace environment free of hazards
    • Free from sexual harassment
    • Provide OSHA (Occupational Safety and Health Association) training
  • 22. Employee Rights
    • 1990 - Americans with Disabilities Act (ADA)
    • Disability is defined as – a physical or mental impairment that substantially limits one or more of the major life functions of an individual
  • 23. Employee Rights
    • The law applies to employers who have 15 or more employees (counted are employees on payroll who work 20 or more calendar weeks per year)
    • A “ qualified person with a disability “ cannot be discriminated against
  • 24. Employee Rights
    • The law states that a “qualified” individual is one who “satisfies the requisite skill, experience, education, and other job-related requirements of the position such individual holds or desires, and who, with or without the assistance of a reasonable accommodation, can perform the essential functions of such position”
  • 25. Employee Rights
    • A written job description prepared before the job is filled will be considered as evidence of the essential functions of the job
    • Go to LVT job description pdf file