Confidentiality

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Confidentiality

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Objectives

What is Confidentiality?

Identify confidential information

List ways to protect client’s PHI

List consequences to breaking confidentiality

Quiz

References

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Confidentiality

Objectives

1. Define Confidentiality

2. Identify confidential information.

3. List ways to protect client’s privacy.

4. List ways to protect client’s privacy.

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Confidentiality

The federal government to maintain and protect the rights and interest of the customer established the Health Insurance and Portability Act (HIPAA) of 1996. Health Insurance and Portability Act defines the standard for electronic data exchange, protects confidentiality and security of healthcare records. All healthcare providers including anyone who has access to client records, Home Health Agency, Physicians’ office, Hospitals, Nursing Homes and Pharmacies have to comply with HIPAA.

Under HIPAA confidentiality protects client’s rights to privacy; it is a legal and ethical principle that must be followed. Confidentiality is very important in the healthcare system because client’s private information is shared with the health care team in order to provide effective care. It is illegal to share information or talk to people outside of the health care team regarding client’s private information. Only team members involve in the care of the consumer will have access and be privy to the client information. Client’s information will only be discussed in the context of client’s health condition and care.

Upon admission to the agency the client is informed of his rights to confidentiality and the policy and procedures regarding the release of his personal health information. The client is encourage to participate in his plan of care and any release of his personal health information to any third party will be done only with the client prior authorization.

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Confidentiality

The privacy or confidential rules regulate how information is shared. The client personal health information is considered Protected Health Information (PHI). The PHI is any health data collected in any form, electronic, paper, or verbal such as: Client’s name, age, sex, religion, marital status, address, phone number, social security number, diagnosis, health condition, discharge dates, start of care, schedules, home chart, clinical records, and computerized information. PHI gives the client more control over their health data, set boundaries on the rule and release of health records. HIPAA mandates that the client is educated regarding HIPAA regulations. The client is taught to safe guard his home chart such as placing it in a safe location, and only allowing access to the chart by professional staffs.

As a home care aide you provide a service that is personal in nature therefore as the client gets to know you and feels comfortable with you, he/she will trust you with private information. He may share thoughts and feelings on family problems, financial problems, information about treatment plan, and health problems. Sometimes he may even share personal things not related to the care; you have to decide which information to share with your supervisor and which to keep in confidence. If in doubt check with your supervisor. However if you observe a situation in the home where maintaining confidentiality will cause harm to your client, you then have an obligation to share the information with your supervisor. There are situations where data can be release without the client’s permission or consent:

For the purpose of reporting abuse, neglect or domestic violence to the proper social service or protective services agency.

To prevent serious threat to health and public safety

To the department of public health for health reporting purposes

Inform appropriate bureau during disaster relief

Workers Compensation

Food and drug administration for expected side effect to drugs of food product defects to enable product recall.

Correctional institution

To funeral directors, medical examiners, coroners, procurement of organ, or certain research purposes.

Notify family members, legal guardian involved in the client’s care for notifying them of a person location

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Confidentiality

List ways to protect client’s PHI

Discuss client information only with appropriate staff.

Never discuss client information with your family and friends.

Never discuss client information in public, laundromat, the elevator and the supermarket.

Refer questions from relatives, the media, the police and or lawyers to your supervisor.

Protect client data such as schedules etc by shredding them after use.

Provide care per nursing care plan

Follow agency regarding confidentiality

Provide care within the scope of your job description

Communicate changes in your client condition to your supervisor

Take time to listen to your client, do not jump to conclusion by assuming you know what your client is about to say.

Request for client’s information should be referred to the supervisor

Review your agency policy and procedures and confidentiality guidelines with your supervisor

If you get a ride to work from a friend or relative, do not allow the driver to drop you off at the client’s house, instead, have the driver drop you off a couple of blocks from the client’s home, walk the rest of the way to ensure client’s privacy. If you work at a building and are being picked up at work, have your ride meet you in front of the building at a specific time, do not give the apartment number to your friend or relative. They should not be privy to this information.

Do not bring your friends, significant other or children to the client’s home and never leave personal health information on the client’s answering machine as you have no way of knowing who will be listening to the message. Also avoid leaving personal health information regarding your client with the answering service, instead request to have the on-call supervisor call you back.

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Confidentiality

The home care aide could get reprimanded, given a warning or be dismissed from the agency.

The client may be embarrassed

The client will loose trust in the home care aide and the agency

The client may file charges against the home care aide and the agency

The agency could be fine criminal penalties for knowingly disclosing PHI

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Confidentiality

Quiz