Professional Documents
Culture Documents
Susan A. Miller, JD
WEDI-SNIP Security & Privacy Co-chair The Kearney Group
OCR Guidance
Covered entities also may take into consideration the steps that other prudent health care and health information professionals are taking to protect patient privacy.
Best Practices, local, regional, national
OCR Guidance
In areas where multiple patient-staff
communications routinely occur, use cubicles, dividers, shields, curtains, or similar barriers as may constitute a reasonable safeguard.
Practical Advice
OCR Guidance
CEs must evaluate what measures make sense in their environment and tailor their practices and safeguards to their particular circumstances.
Practical Advice
E.g.,99: Washington, DC
A Washington, DC jury ordered a local hospital to pay $25, 000 for failing to keep a patients medical records confidential. Coworkers learned of the victims HIV status after an employee at the Washington Hospital Center revealed information in his medical record. - P. Slevin, Man Wins Suit Over Disclosure of HIV Status, The Washington Post, 12-3099, p B4
E.g.,98: California
In 1998, Longs Drugs in California settled a lawsuit filed by an HIV positive man. After a pharmacist inappropriately disclosed the mans condition to his ex-wife, the woman was able to use that information in a custody suit. However, rather than pursue the suit, the man chose to settle to avoid a court trial that could result in news coverageof his illness. Longs Drugs Settles HIV Suit, San Diego Union-Tribune, 9-10-98, p. A3
E.g.,02: Wisconsin
A jury in Waukesha, WI found that an emergency medical technician (EMT) invaded the privacy of an overdose patient when she told the patients coworker about the overdose. The co-worker then told the nurses at West Allis Memorial Hospital, where both she and the patient were nurses. The EMT claimed she called the patients co-worker out of concern for the patient. The jury, found that regardless of her intentions the EMT had no right to disclose confidential & sensitive medical information, and directed the EMT and her employer to pay $3000 for the invasion of privacy. L. Sink, Jurors Decide Patient Privacy Was Invaded, Milwaukee Journal Sentinel, 5-9-02
Fact #1: standards are objective, well known & widely practiced
ISO 60268-16 ISO 9921-1 ANSI S3.2 ANSI S3.5 (first published in 1969!) ASTM 1130-90 ASTM 1110-01
Summary
Oral privacy is protected The April 03 deadline is real Standards & best practices abound Compliance with the law can be measured Solutions are available & cheap
Speaker Information
Sue Miller may be reached via email at Sue@TheKearneyGroup.com