New privacy rules govern hospitals

Published 5:00 am Monday, April 14, 2003

New patient privacy regulations beginning Monday will providebetter medical records confidentiality and restrict what kind ofinformation is released, said King’s Daughters Medical Centerofficials.

The new rules are part of the Health Insurance Portability andAccountability Act of 1996 (HIPAA). The federal law addressesprivacy, billing procedures, security and other health careareas.

“It provides for a few things we’re having to address, the firstof which is privacy,” said Phillip Grady, KDMC chief executiveofficer. “The intent of the law is to ensure medical informationdoesn’t get used in an inappropriate way.”

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For a member of the general public seeking information on afriend’s condition, the act will require identification of thepatient by first and last name. Also, released information will berestricted to a one-word term, such as “undetermined,” “good” or”serious,” and the patient’s location in the hospital — providedthat would not embarrass or endanger the patient.

An exception to the rule is clergy members. Clergy may ask forlist of patients by religious affiliation, although patients arenot required to provide that when they are admitted.

The new law also allows patients to “opt out” of a hospital’spatient directory altogether. In those cases, Grady said, patientsbecome “invisible” and hospital staff will not release anyinformation about the patient — even to the point of notconfirming whether the patient is even in the hospital.

“If flowers get sent here, they’ll be sent back because we can’tconfirm they’re here,” said Grady, citing one potential result of apatient deciding to opt out of the directory.

However, Delores Beard, KDMC’s HIPAA privacy officer, expectedthat the vast majority of patients would choose to remain in thepatient directory. She anticipated “rare circumstances” of patientsopting out.

“They have to specifically request that,” Beard said. “We’re notexpecting that to happen very often.”

A patient’s opt out status will be noted on his or her arm band.Beard indicated some flexibility regarding patients and theirinformation.

“They can be specific about whom they want their informationshared with,” Beard said.

The new law requires hospital staff to notify patients of theirprivacy rights the first time they come to the hospital. Beard saidthe opt out option would be on a per-visit basis.

For patients who are incapacitated when they arrive, Beard saidthose instances would be judgment calls about releasinginformation.

“We just have to use the professional judgment of that staffmember,” Beard said.

Grady said the new law has a number of good points, but parts ofit are not new as far as KDMC’s patient privacy practices. Beardestimated that 80-85 percent of the rules are already in place atthe hospital.

“We have and always will do common sense privacy,” Gradysaid.

Grady said HIPAA is a nationwide initiative that will affecthospitals, doctors’ office, dentists’ offices, nursing homes andpharmacists.

“It’s not just hospitals. It’s all health care providers,” Gradysaid.

Potential ramifications for violation of the law are “huge” forhealth care workers, Beard said. The law provides for civil andcriminal penalties of up to $250,000 and/or 10 in prison.

KDMC officials have been going through an extensive educationalprocess in preparation for HIPAA implementation. Grady said Beardand Cathy Bridge, HIPAA coordinator, had done an outstanding jobgetting the staff ready.

While the rules will be in place, Grady and Beard expressed aconcern about information overheard in conversations leaking outinto the community. They are hopeful the regulations will guardagainst that.

“What they’re trying to prevent is the blatant communication ofinformation,” Grady said.

Beard said there will also be a more involved process regardingpatients reviewing their medical information and requesting anamendment on something they feel is in error. Beard, as privacyofficer, will handle those requests.

Grady said members of the public may see some changes in theperceived level of cooperation from hospital staff. He said it willnot be a matter of the staff not wanting to cooperate.

“We want the community to know if they experience changes in thecoming weeks … we’re following the new law,” Grady said.