hipaa and confidentiality presence regional ems system october 2015 ce

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HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

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Page 1: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

HIPAA and Confidentiality

Presence Regional EMS System

October 2015 CE

Page 2: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

Objectives

Describe the federal Health Insurance Portability and Accountability Act (HIPAA)

Outline ways that health information can be shared verbally, written and via the internet

Describe the consequences of breaching confidentiality through HIPAA legislation

Using a variety of scenarios, demonstrate how confidentiality can be maintained

Review the PREMSS Confidentiality policy

Page 3: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

HIPAA

Health Insurance Portability

and Accountability Act

Overview of HIPAA regulations

Privacy policies

Page 4: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

Introduction

HIPAA ( Health Insurance Portability and Accountability Act) was passed in 1996.

Department of Health & Human Services (DHHS) issued the finalPrivacy rule in April 2001.

Regulation required compliance by: April 14, 2003

Page 5: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

Privacy ObjectivesProtect patients rights by giving them access to their health information and control over how it will be used

Improve the quality of care by restoring trust in the health care system

Protect the security & privacy of all medical records that are used or shared in any form

Page 6: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

HIPAA Privacy vs. Security Standards

Privacy Standards - deal with patients expectations of providers in terms of the way health information is used.

Example - Limiting who has access to their records

Security Standards - deal with measures that covered entities can take to keep their information safe

Example - Encrypting information before it is sent over the Internet.

Page 7: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

Why do we need a Privacy Rule?

HIPAA came about as the result of concerns from patients regarding:

Breaches in Confidentiality

Three cases in point:Accidentally, a hospital in Michigan posted thousands of patient medical records on the InternetEmployee from a Florida health department took home a disk containing names of 4,000 patients w/ positive HIV tests.Congressional candidate stated that her campaign was derailed when the media published her psychiatric treatment after a suicide attempt.

Page 8: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

Creating a Culture of Confidentiality

Facts:One out of every five Americans believe their health information is used inappropriately.

One in six report that they have provided inaccurate information to their health care provider because they don’t feel it will be kept confidential.

Page 9: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

What happens if patients don’t trust us?

Quality care is compromised –

Conditions may go undetected or untreated

Health information may not be complete and accurate

Page 10: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

Who is Included?

Health Care ProvidersPhysicians

Hospitals

Social workers

Pharmacists

Nursing Homes

Licensed health care Providers

Outpatient Physical Therapy

Certified Nurse-midwife services

Home Health agencies

Home dialysis supplies and equipment

Page 11: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

Who is Included?

Health PlansHMO’s

Insurance companies

Medicare

Medicaid

Employee benefit plans

Page 12: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

Who is Included?

Business AssociatesPersons or entities that provide services to or on behalf ofa covered entity but are notmembers of the entity’s workforce

Page 13: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

Who is Included?

All EMS providers:All levels of licensure

Transport

Non-transport

Page 14: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

Who is Included?

Anyone!!!!

In a healthcare facility who uses or may see confidential patient information is included.

Page 15: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

What is Protected Health Information (PHI)?

Health information created or received by a covered entity, regardless of form, that could be used directly or indirectly to identify an individual.

Name

Address (city, county, zip code)

Fingerprints

Name of relative or employer

DOB

Telephone number

SS number

Photos

Medical Record or Account number

License number

Page 16: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

HIPAA Penalties

HIPAA is serious about patient privacyFailure to comply: Each violation is $100, with the maximum penalty not to exceed $25,000 for each identical violation

Wrongful disclosure of information: $50,000 and / or one year of prison.

Obtaining information under false pretense: $100,000 and / or prison for up to 5 years

Intent to sell: $250,000 and / or up to 10 years in jail

Page 17: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

Patient Rights

Keeping the patient informedNotice of Privacy PracticesAuthorization

Access/control over patient’s health information

AccessAmendment

Culture of confidentialityRestrictionsMinimum necessary

Page 18: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

Patients RightsKeeping the patient informed

Notice of Privacy PracticesPatients must have access to a written explanation of how your facility may use and disclose their health information.

Authorization Patient must grant permission for the release of medical information for non-routine disclosures and most non-health care purposes.

Page 19: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

Patient’s RightsAccess/control over patients health information

Request for AccessRight of access to inspect and obtain a copy o his/her medical record.

Request for Amendment Right to request a change to his/her medical record.

RestrictionsProvide patients with an opportunity to request a restriction on the use or disclosure of his/her health information.

Page 20: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

Patients RightsAccurate Documentation

Medical RecordsAccurate

Complete

Legible

Page 21: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

Patient’s RightsCulture of Confidentiality

Minimum NecessaryAccess will be limited to the “minimum necessary”

to achieve the intended purpose of the use or disclosure.

Page 22: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

HIPAA is the law

As a health care provider, it is your responsibility to honor these patient rights and to make sure that personal information is protected.

Page 23: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

PREMSS Policies

Confidentiality

Internet Communications and Social Networking Sites

Page 24: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

Confidentiality

Written InformationConfidentiality regarding written patient care documentation is governed by the "Need to Know" concept.

Only Presence Regional EMS providers and hospital staff directly involved in a patient's care or the monitoring of the quality of care are allowed access to a patient's medical records and reports.

Prehospital Patient Care records are kept in secure areas of Emergency Departments, EMS Agencies and Presence Regional EMS System Offices following written procedures.

Page 25: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

ConfidentialityRequest for release of all patient care related information should be directed to the Medical Records Department of the receiving hospital or the transporting agency.

In cases of Triple Zero or refusals, patient care reports may be provided by the EMS agency to the requesting agency. The request for documentation must be in the form of a subpoena or a release of information obtained from the patient or patient’s family.

Page 26: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

Confidentiality

Verbal InformationConfidential information should be discussed with other EMS providers only when it is necessary to do so in the provision of EMS care.

EMS providers are not to discuss patients in public areas. Conversations regarding specific patient problems and/or care are inappropriate.

Page 27: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

Confidentiality

Radio/Telephone CommunicationNo patient name will be mentioned in the process of prehospital radio transmissions using the MERCI frequency or MED channels.

When necessary to refer to a patient, references such as, "we have a diabetic patient on North Seventh that we brought in last week" could be used. Patients may be identified by their initials.

Inappropriate patient information regarding diagnosis or prognosis should not be discussed during radio/telephone transmissions.

Page 28: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

Confidentiality

Scene SecurityEvery effort should be made to maintain the patient's auditory and visual privacy during the treatment at the scene and enroute.

EMS providers should limit bystanders at the scene of an emergency. Law enforcement may be called upon to assist in maintaining reasonable distance.

Page 29: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

Confidentiality

Media CommunicationAny release of information regarding the patient's illness/injury and/or condition must occur through the receiving facility.

EMS providers may not release patient information to the news media.

Any questions from the media are forwarded by EMS providers to the receiving facility.

Page 30: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

Internet Communications and Social Networking Sites

Everyone should be aware that others, including peers and other agencies both inside and outside the Presence Regional EMS System may actively be reading what is posted in online forums. In choosing words and content, it is a good practice for everyone to consider that their supervisor, family members of patients and the general public may read their posts.

Page 31: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

Everyone needs to exercise good judgment before posting material on internet sites or email. Using a blog or social network site to make negative statements about and/or embarrass Presence Regional EMS System, any Presence Health facility, agency or person associated with the Presence Regional EMS System is inconsistent with our Mission, Values, and standards of conduct.

Page 32: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

The following activities are Specifically Prohibited under this policy:

Sharing Protected Health Information (PHI). PHI includes, but is not limited to patient’s name, address, age, race, extent or nature of illness or injury, hospital destination, crew member names and date, time and location of care.

Posting photos, videos, or images of any kind which could potentially identify patients, addresses, or any other PHI.

Sharing confidential or proprietary information about Presence Regional EMS System or our agencies.

Page 33: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

The following activities are Specifically Prohibited under this policy:

Postings or other online activities which are inconsistent with or would negatively impact the reputation of Presence Regional EMS System or its agencies.

Engaging in vulgar or abusive language, personal attacks, or offensive terms targeting groups or individuals within the Presence Regional EMS System.

Posting statements which may be perceived as derogatory, inflammatory, or disrespectful

Page 34: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

Review

Review the following scenarios as a group.

If doing this CE individually, please e-mail your answers to:[email protected]

Use “October 2015 CE” in subject box.You will receive an e-mail confirmation. Print this confirmation for your records, and document the CE in your PREMSS CE record book.

IDPH site code: 067100E1215

Page 35: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

 

HIPAA Scenario 1

You and your partner respond for a co-worker who suffers from depression. You discover during your assessment that the patient has had suicidal thoughts. After the call, you are concerned that other EMS providers in your company need to know the extent of the patient’s illness so they can watch for warning signs should the depression deepen.

Can you share what you have learned with your fellow EMS providers?

Page 36: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

HIPAA Scenario 2

You respond to a motor vehicle collision. While on the scene, you use your cell phone to take a picture of the damage to the vehicle. Later the picture is posted on Facebook and the license plate number of the vehicle is visible. The family finds the picture and has contacted an attorney.

Is this a HIPAA violation?

Why or why not?

Page 37: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

HIPAA Scenario 3

You are in charge of presenting a CE session for the monthly meeting of EMS providers. You want to share some of the details of a recent call, but you are concerned you will be in violation of HIPAA.

Can you do case review as education?

If so, what precautions should you take to protect the patient?

Page 38: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

HIPAA Scenario 4

You and your partner responded to a motor vehicle collision earlier in the week where aeromedical support was called to the scene and transported a patient to the trauma center. You have received a call from the local media requesting information on the patient’s injuries and current condition.

How will you handle this situation?

Page 39: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

Review

List 4 things that are specifically prohibited under the PREMSS policy on “Internet Communications and Social Networking Sites”.

Page 40: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

Renewing Your EMS License

Presence Regional EMS System

Page 41: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

EMS providers of all levels are issued a license to practice by the Illinois Department of Public Health.

The license is good for 4 years. At the end of that time is has to be renewed.

The renewal process is not difficult as long as each provider follows some simple steps.

Page 42: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

Mary at the PREMSS office spends a lot of hours dealing with licensing issues so there is some SHOUTING on the next few slides.

Page 43: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

It is your responsibility as an EMS professional to know when your license is due to expire and get it

renewed in a timely manner.

Page 44: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

It is not the responsibility of the

EMS office, your agency director or

your MOM!!

Page 45: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

To make everyone happy, please act on renewing your license as soon as you get the renewal notice. DON’T LET TIME GET AWAY FROM YOU!!!!

Page 46: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

Ninety days before your license is due to expire, IDPH will mail to your house a renewal notice. It will be an envelope from the Illinois Department of Public Health. IT IS NOT JUNK MAIL.In addition, 60 days before your license is due to expire, the PREMSS office will notify your agency coordinator to remind you that your license is due to expire

Page 47: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

Correct Information

If you have changed your address since your license was issued, you will not get a renewal notice because the US Mail will not forward the renewal notice.

If you need to have your address changed, contact Mary or Shelley at the EMS office and they can change your address on the IDPH database.

Page 48: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

Contact Information cont.

If you have changed your name since your license was issued, you will not get a renewal notice because the US Mail will not forward the renewal notice.

Name changes must be done by the individual and must be accompanied by legal paperwork reflecting the change in name. (marriage certificate, divorce papers etc.)

Page 49: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

Renewal Notice

The renewal notice you get from IDPH will have a PIN number in the upper left hand corner.

This is the identifier you will use to renew your license.

Page 50: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

On-Line Renewal

The easiest way to renew your license is to do it on line.

Go to the IDPH website www.idph.state.il.us/ems

On the left hand side of the homepage click on EMS Licensing

On the next page on the right hand side click on EMS Licensing On-line Payment

Page 51: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

On-Line Renewal cont.

On the next screen click on Pay Renewal Fee and Renew My License

You will be asked for your IDPH EMS license number, the PIN number from the renewal notice and the last 4 digits of your Social Security Number

Once you are in the site you can change your address or any other data that is not correct.

Page 52: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

On-Line Renewal cont.

You will be asked:If you have been convicted of a felony

If you owe child support

Please answer these questions

You move to a screen where you can pay your fee on line using a credit card.

Page 53: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

On-Line Renewal cont.

Once you are done on the IDPH site you must contact the EMS office to submit the required continuing education hours.

Once the PREMSS office has your required CE hours, you will be checked off as valid on the IDPH site by someone in the office.

Your new license will be printed the next working day and mailed to the address listed in the database.

Page 54: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

Paper RenewalYou have the option of renewing your license via a traditional route. To do this:

Make sure all the data on the form is correct (name, address, etc.) Complete the questions on the license renewal form mailed to you.Send that back to IDPH with a certified check or money order for the renewal fee.This can take up to 60 days to be processed.You still need to send your continuing education hours to the EMS office for validation on the IDPH website.

Page 55: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

Renewal With Waiver of Renewal Fee

If you are a volunteer EMS provider and do not provide EMS services for pay at any agency, you are eligible to apply for a waiver of the renewal fee.

To get a waiver of the renewal fee:Contact the EMS office for a waiver form or

Print a waiver form from the IDPH website

Page 56: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

Renewal With Waiver of Renewal Fee

Complete the Waiver form

Send it along with your continuing education to the Presence Regional EMS System office. Shelley Peelman, the EMS System Coordinator has to sign this form.

Your continuing education will be validated on the IDPH website by the EMS office and your waiver emailed to IDPH.

Page 57: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

Renewal With Waiver of Renewal Fee

Because of the amount of time it takes to process a waiver of the renewal fee, this process must be done no later than 30 days before the license is due to expire!!!

Page 58: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

Renewal With Waiver of Renewal Fee

No waiver of license fee forms will be processed if the license is due to expire in less than 30 days!!!

Page 59: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

It is worth your time and energy to get the waiver of the fee for renewal to the EMS Office ASAP!!!!

Page 60: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

How much Continuing Education Do You Need?

Region 6 has specific numbers of Required Continuing Education

Page 61: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

Required CE is based on the level of the EMS Provider (hours required in 4 years):

Emergency Medical Dispatcher = 48 hours

First Responder/Defib (Emergency Medical Responder) = 24 hours ( .5 hours a month)

EMT Basic = 120 hours (3 hours a month)

EMT Intermediate = 120 hours (3 hours a month)• Must include annual skills

• ITLS, PEPP (or PALS) and ACLS

Page 62: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

EMT Paramedic = 120 hours (3 hours a month)• Must include annual skills• ITLS, PEPP (or PALS) and ACLS

PHRN = 120 hours (3 hours a month)• Must include annual skills• ITLS, PEPP (or PALS) and ACLS

ECRN = 32 hours (8 hours a year)• PALS and ACLS

EMS Lead Instructor = 10 hours of teaching and a letter from the Medical Director

Page 63: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

What Counts As Continuing Education?

Hour for hour classroom educationMonthly CE at agencySitting in on Initial Education (First Responder Class, Basic Class)

Fire Education related to EMS• HAZMAT • NIMS and Scene management/disaster management (4 hours

each session)• Extrication• Fire Fighter Rehab• Use of air packs

Patient case reviewsProtocol or policy updatesSkills review

Page 64: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

On–line EMS Education PREMSS on line CEOther on line CE – with certificate for validation

Seminars or SymposiaTeaching EMS classes (20 hours per topic)

College classes related to EMS Must be approved by PREMSS Education Coordinator2 hours CE for every 1 credit hour

Any other education approved by the PREMSS office

Page 65: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

What Do You Do If You Don’t Have Enough Hours Of Continuing Education?

If you are short the number of CE hours that you need to renew you can request a 90 day extension of your license. This is done through the PREMSS office and is granted or denied by IDPH.There is only one 90 day extension granted.If you had a 90 day extension the last time you renewed, IDPH will not grant you another one the next time you are due to renew.

Page 66: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

IF YOU NEED 60+ HOURS OF CE TO RENEW A 90 DAY EXTENSION IS NOT GOING TO HELP MUCH!! DON’T GET BEHIND IN CE HOURS!!

Page 67: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

How Should You Keep Track Of Your CE?

The PREMSS office provides “little white books” for documentation of CE

The maintenance of the “little white book” is your responsibility.

If you leave an agency be sure you have your continuing education record to go with you

The PREMSS office will also take CE hours on a computer spread sheet.

Page 68: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

Please do not send original certificates for completed programs to the PREMSS office. You may not get them back.

Page 69: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

Keeping Track of CE

For CE to be counted the following information is needed (if you make your own spreadsheet):

Date of the CE

Topic of the CE

Instructor NameIDPH Site Code (authorized approval of CE if it is an on-line class or from another state)

Number of hours of the CE

Page 70: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

What Happens If Your License Expires?

Technically on the day your license expires it is “lapsed”.You have 60 days to reinstate the license by paying a $50 late fee. If you get the CE done and pay the late fee within the 60 day grace period, you will keep your license and move on.While you are lapsed you are not allowed to provide any EMS care.

Page 71: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

What If You Miss The 60-Day Grace Period?

If you go beyond the 60-day grace period without renewing your license and/or paying the late fee your license is expired.To get your license back you have to retake initial education classes and take the required exams to be an EMS provider in Illinois.(If you are an EMT Paramedic and your license expires, you have to start all over with an EMT Basic class)

Page 72: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

The Moral of the Story

Know when your license is due to expire

Look for the IDPH renewal notice in the mail.

Act on the renewal notice as soon as you get it.

Keep up with continuing education hours.

If you need an extension, contact the PREMSS office immediately

Page 73: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

Moral Cont.

Take care of paying for your license using a credit card on-line.

IF YOU ARE A VOLUNTEER AND YOU ACT ON THE RENEWAL IN A TIMELY WAY – IT DOESN’T COST YOU ANYTHING!!!

Page 74: HIPAA and Confidentiality Presence Regional EMS System October 2015 CE

IF YOU ARE A VOLUNTEER AND YOU DON’T ACT ON THE RENEWAL IN A TIMELY WAY – IT CAN COST YOU $70.