2. Goals and Objectives
• Understand and follow Federal and State laws
in regards to confidentiality.
• Know how to report and respond to
confidentiality breaches and misuse of
patient/employee information.
• Understand and explain how to best protect
and keep patient information confidential.
• Education and expectations of employment.
3. Federal & State Laws
• The 14th Amendment of the Constitution protects the right to
privacy .
• The Health Insurance Portability and Accountability Act of 1996
requires that information provided by patients for care purposes
should not be accessed unless required for portent care, and should
not be shared without patient consent (Calhoun, Murray, &
Philipsen, 2011).
• Washington State HB 2025 allows the sharing of confidential
mental health information without consent as long as it is shared
with another licensed health care provider who is also performing
or will be providing care to the patient (WCMHCnet.org, 2011).
4. How to Report & Respond to
Confidentiality Concerns:
Report and respond to confidentiality breaches and
misuse of patient/employee information:
• Immediately report the concern to your supervisor or
the corporate compliance officer (1-800-PROTECT).
• It is a requirement and an expectation of position for
all employees to report concerns as soon as possible
and to release information as required by law.
• If you have concerns about release contact HIM at 459PPHI (protect patient health information) prior to
release records or patient information.
5. How to Protect and Keep Patient
Information Confidential
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Employees must protect that confidentiality of emancipated minors, as
they may consent and control their own confidentiality rights.
Employees must protect the rights of patients 13 years or older, as they
may consent to outpatient treatment for mental health and substance
abuse.
Employees must protect the rights of patients patient 14 years or older
may consent to outpatient treatment for sexually transmitted diseases.
Employees must protect the rights of a minor patient, regardless of age,
may consent to birth control or pregnancy-related care (Multicare.org,
2014).
Employees should respect patients rights/confidentiality and should only
access patient health information when necessary to do so in order to
provider immediate care to the patient.
Patients should be asked if they would like to review confidential health
information in a private setting, prior to reviewing and requesting patient
information.
Conversations pertaining to patient care must be done in private areas,
where patient health information is protected and cannot be overheard.
.
6. Employee Expectations
• There is no expectation of privacy when performing work
related activities. Surveillance cameras are located
throughout the facility in shared work areas and electronic
surveillance is used to track and monitor information
accessed (Wopler, 2011).
• Yearly compliance education will be scheduled in order to
ensure up to date understanding of confidentiality
requirements.
• Employees are required to report any breach of
confidentiality as a condition of employment.
• Failure to follow confidentiality requirements as noted in
this presentation may result in discipline or immediate
termination.
• All questions or concerns can be confidentially reported to
1-800-PROTECT.
7. Agreement to Protect Confidentiality
• Once you have completed this presentation
and you fully understand the information
presented please go online to
downloadagreementtoprotectconfidentiality
@fake.org and electronically sign the
agreement.
• A copy of this will be maintained in your
employee records.
8. References
• Multicare.org Website (2014). Patient rights and
responsibilities. Retrieved online from
http://www.multicare.org/home/patient-rightsresponsibilities
• Murray, T. L., Calhoun, M., & Philipsen, N. C. (2011).
Privacy, confidentiality, HIPAA, and HITECH: Implications
for the health care practitioner. The Journal for Nurse
Practitioners, 7(9), 747-752.
doi:http://dx.doi.org/10.1016/j.nurpra.2011.07.005
• WCMHCnet.org Website (2009). Changes in Washington
State Confidentiality Laws in 2009 Retrieved online from
http://www.wcmhcnet.org/documents/Changes
• Wopler (2011). Health care administration: managing
organized delivery systems, 5th edition. Jones & Barltlett
Publishers.