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Singular Mind Professional Training’s FREE Ethical Hospital Strategy Associated With Confidential Patient Information FREE Part two |
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Patients can “opt out” of providing information altogether. Hospitals have a responsibility to tell patients what information will be included in the hospital directory and to whom that information will be disclosed. The patient has the option to expressly state that he or she does not what information released-- including confirmation of his or her presence in the facility. Do not release information that could embarrass or endanger patients. Any information that may embarrass a patient should not be reported. Situations where room location information could embarrass patients include (but are not limited to) admission for a psychiatric or substance abuse reason, admission following a miscarriage, ectopic pregnancy or other adverse outcome, or admission to an isolation room for treatment of an infectious disease. In addition, where knowledge of a patient’s location could potentially endanger that individual (i.e., the hospital has knowledge of a stalker or abusive partner), no information of any kind should be given including confirmation of the patient’s presence at the facility. Consider other applicable federal laws. Be aware that federal laws prohibit hospitals from releasing any information regarding a patient being treated for alcohol or substance abuse. These include the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970; the Drug Abuse Office and Treatment Act of 1972; an 42 CFR Part 2, 188. Exercise good judgment in situations where patients cannot express a preference. In some cases, patients will not have had the opportunity to state a preference about having their information released. For example, a patient’s medical condition may prevent hospital staff from asking about information preferences upon admission. In those circumstances, condition and location information should only be released if, in the hospital’s professional judgment, releasing such information would be in the patient’s best interest. Then, when the patient recovers sufficiently, the hospital must ask about information preferences. Matters of Public Record What Is A Matter Of Public Record? Matters of public record refer to situations that are reportable by law to public authorities, such as law enforcement agencies, the coroner or public health officer. While laws and/or regulations require health care facilities to report a variety of information, in response to calls or other inquiries from the media or other parties, including law enforcement officials. Instead, such calls should be directed to the hospital administrator or other designated hospital representative. Are Public Record Cases Different From Other Cases? No. Patients who are involved in matters of public record have the same privacy rights as all other patients, as far as the hospital is concerned. The mode of transportation by which a patient arrives at the hospital should have no bearing on the hospital’s approach to releasing information about the patient. The fact that someone has been transported to the hospital by a police or fire department from an accident, crime scene or fire is a matter of public record likely to be reported by those agencies. These public records may prompt media calls to the hospital requesting a patient’s condition. Only the one-word condition should be given. There are numerous state statutes addressing reporting of incidents ranging from child abuse to gunshot wounds. The fact that a hospital has an obligation to report certain confidential information to a governmental agency does not make that information available for public consumption. Refer all media questions to the public entity (such as the coroner’s office, police, fire or health department) that receives such reports. The public entity will be guided by the applicable statute as to whether it can release any or all of the information received. Celebrities, public figures and public officials are not subject to different standard than other patients when it comes to your hospital policies for releasing information to the media. Releasing Patent Information in Disaster Situations When feasible, notify the next-of-kin first. While it is desirable to notify next-of-kin before releasing patient information, in disaster situations involving multiple casualties, it may be necessary to share patient information with other hospitals and/or rescue/relief organizations before the next-of-kin has been notified. Do not hesitate to cooperate with other hospitals or relief agencies. You may release patient information to other hospitals, health care facilities and relief agencies in situations where multiple facilities are receiving patients from one disaster. Public relations representatives from different facilities are encouraged to cooperate and facilitate the exchange of information regarding patients’ location and status. Specifically, you may disclose patient information to a public or private organization (Red Cross) assisting in relief efforts for the purpose of notifying family members or others responsible for a patient’s care about the patient’s location, general condition or death. When appropriate, release general information to help dispel public anxiety. In highly charged situations such as disasters, the public may benefit from the release of general information when specific information is not yet releasable. For example, you might say, “the facility is treating four individuals as a result of the explosion.” You may group (adults, children, teenagers, etc.) This type of general information can help reduce undue anxiety. Work effectively with the media. Current information should be made available to the media as soon as possible. If information is not yet available or if next-of-kin has not been notified, all media inquiries should be logged and callbacks made as soon as information can be released. A room should be provided for all media to gather so that information can be released in a press conference format that does not compromise patient privacy or the health care facility’s need for added security in a disaster situation. Emergency Room Confidentiality Even in the Emergency Room, patient privacy must be preserved. As a rule of thumb, no one who does not have reasonability for the immediate patient care should be in the Emergency Room. This includes family, friends, fire department personnel, and law enforcement personnel who do not have the patient in custody or peace officer mental health protective custody. The doctor in charge of the Emergency Room can allow persons in the ER at their discretion. Patient Confidentiality in the ER when Law Enforcement Is Involved A patient who presents to the ER accompanied by Law Enforcement officers retains the right of patient confidentiality. In order to ensure this right is protected during treatment at your facility, consider utilizing the following procedures. Before initiating any medical treatment, the Law Enforcement officer should be queried as to the arrest status of the patient. If the patient is not in the peace officer’s custody or a peace officer mental health protective custody, the Law Enforcement officer will be requested to leave the treatment area. If the patient is in the peace officer’s custody or a peace officer mental health protective custody, the Law Enforcement officer may stay with the patient. Any medical test results or treatments are considered to be confidential medical information and are not to be given to law enforcement officers without a subpoena or a written consent from the patient specifically stating the results may be given to the Law Enforcement agency. Aviation Disaster Under federal law the responsibility for mental health issues related to a commercial aviation disaster, rest solely with the Mental Health Disaster Services of the American Red Cross. In the case of an aviation disaster the state Department of Mental Health and Mental Retardation has no authority and should receive no information from the hospital staff. If the Red Cross requests the services of the state Department of Mental Health and Mental Retardation then the transfer of information will be facilitated by the Red Cross. In addition, in the case of a commercial aviation disaster, your hospital not only has the responsibility to keep patient information private but also protect the family members information. The Feds want to keep the lawyers, morticians, and the media from camping out at the families’ home -unless the family calls them. Remember, in the case of a commercial aviation disaster, refer all inquires to the Mental Health Disaster Services of the American Red Cross who will be on site. Hospital Staff Information A hospital staff member who is a patient of that hospital has the same rights to privacy as any other patient. An employee of the hospital cannot check the records of another employee without a legal need to view the record. Moreover, any employee who gossips about the medical care of an employee/patient will be liable for an ethical violation of confidentiality. Flash from The Past In closing look back to sixty years ago, at the time of World War II, they had a saying: “loose lips sink ships”. The saying was intended to convey the importance of keeping confidential defense information out of the hands of spies who could use the information to injure American soldiers. Keeping in the contexts of what this outline is endeavoring to negotiate we should paraphrase it to say: “loose lips sink careers, trust, and friendships” Singular Mind Professional Training’s CONFIDENTIAL PATIENT INFORMATION QUIZ Highlight this quiz and the evaluation then do a cut and paste to your email, complete them and e-mail them to ceu@singularmind.com. After we receive your quiz and evaluation, your FREE one-ceu ethic certification will be sent to you via e-mail. Give your best answer relates to the corresponding question. 1. What are the five one-word patients’ conditions that staff may release? 2. What are some of the reasons that you would not give information on a patient’s location? 3. As a rule of thumb, who should be in the Emergency Room with the patient? 4. Any hospital staff member has the right to look at any patient’s chart, even another employee/patient chart, right? 5. Who would be considered the Next-of-kin? Name: _______________________________________________Date: __________ License:__________________________________________State:_______________________ Singular Mind Professional Training’s CONFIDENTIAL PATIENT INFORMATION Evaluation Please rate as: 1. El Stinko, 2. Better Than Work, 3. Average, 4. I See the Light, 5. Let’s Talk Sainthood Course Objectives 1 2 3 4 5 Course Contents 1 2 3 4 5 Teaching Method 1 2 3 4 5 Presenter please be gentle 1 2 3 4 5 Price 1 2 3 4 5 Comments: © Singular Mind Professional Training |
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When you look over the other courses, if you do not like what you see then just trash it. If you do not return the quiz, and evaluation you will pay nothing, not even the snail mail shipping. You have nothing to lose. If you find that, the training meets your needs then return the quiz, evaluation, and a check or money order to cover the cost of the training and shipping. Or pay at time of order by charge card, we accept most. We Accept Checks or Money Order |
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