Privacy & Confidentiality

Consider for a moment…….

Have you ever been in an elevator and overhead information about a resident being discussed by other staff?

How would you feel if you knew that staff were discussing your care where other people could hear?

What is Privacy?Privacy is a basic right in our society and is governed under law.

Privacy is……

A state of mind

A specific place

Freedom from intrusion or control over the exposure of self or personal information

Privacy also….Involves providing care in a way that does not expose

the body unnecessarily.

What are some examples of how care is done in a private way?

Pulling privacy curtain

Exposing only the part of the body involved in care

Asking visitors to leave during personal care

Privacy Legislation

Personal Health Information Protection Act (PHIPA):

Provides laws about the residents right to control how his/her personal health information is collected, used and disclosed.

Marianhill PolicyPrivacy - Notice and Consent L.3.02

“The knowledge and consent of the individual are required for the collection, use, or disclosure of personal information, except where inappropriate (legal, medical, security reasons may make it impossible or impractical to seek consent.)”

What is patient confidentiality? A conscious effort by every healthcare worker to keep private all

personal information revealed by the resident while receiving care.

It includes the resident’s:− Identity− Physical or psychological state− Emotional status− Financial situation

Confidentiality refers to the handling of

information once someone discloses it to us

Duty to Confidentiality At all times respect the privacy of residents, their families, and other

employees/volunteers.

Treat all clinical, administrative and financial information about residents, their families, and other employees/volunteers as confidential information.

Ensure that private and confidential information is not inappropriately accessed, used or disclosed either directly or by virtue of password to systems.

Do not give out assigned confidential passwords.

Marianhill PolicyConfidentiality L.3.02

“ Under no circumstances may information concerning residents or the operation of Marianhill be discussed with anyone other than those people concerned in the discharge of their duties. Marianhill depends on the maturity and loyalty of each employee to keep private any such information. Breach of the duty of confidence is a serious matter and may result in discipline up to and including dismissal”

Privacy and Confidentiality Violated

Privacy is violated when an unauthorized person gains access to another person’s private information.

Confidentiality is violated when someone talks about a persons private information to another person without the first person’s consent.

Privacy and Confidentiality Violated

Violations to privacy and confidentiality may include but are not limited to:

Accessing personal information that are not require for work / volunteering purposes.

Misusing or disclosing personal information (verbally, through the computer system or in hard copy) without proper authorization.

Altering personal information of residents or other employees.

Exposing a Resident unnecessarily during care.

A breach of any one of these conditions is grounds for termination

If confidentiality is brokenThe consequences are:

Person reluctant to seek care

Reluctance to give information which could affect their well being

False rumors, upset family and friends, and media harassment

Security

Is the measures taken to protect personal health information, e.g. locked cabinets, passwords, closing PCC when you walk away from the computer.

Residents have the right to expect that the information reveal to us will be protected and remain private.

What is Personal Health Information (PHI)?

Any identifying information about clients that is in verbal, written or electronic form

Any information that identifies a person without being named For example:– Room number– Diagnosis– Physical or mental including family health history– Care previously provided – Payments or eligibility for health care– Information about donation of body parts or blood – Health number – Name of SDM

Circle of Care and Need to Know

Circle of Care is any health care provider involved with care, service, monitoring of care and administration in the home and on referral

Examples: Dr, Nurse, NP, PSW, Program Staff, Office Manager, Unit Clerk, Dietitians, Physiotherapy, CCAC, hospital, Specialists (on referral), Massage therapy, Agency, Lab, Pharmacy, Administrative Staff,

Compliance Advisors Professionals within the Circle of Care may access resident

personal health information.Staff may only access what they need-to-know

to perform their role

Resident Consent for Collection, Use and Disclosure of PHI

Resident/SDM must be informed upon

admission sign the Notice and Consent Form.

Staff Responsibilities Only share and access information that you need to know

to provide care and perform your role Maintain confidentiality of resident PHI while a resident of

the home and after discharge or death Do not discuss residents in public places Remind co-workers of the need to maintain confidentiality Deny access to resident PHI to individuals not in the circle

of care Do not share your computer password and LOG out when

leaving the computer

Staff Responsibilities (cont’d)

Destroy paper with resident PHI i.e assignment, reports, notes

Not sending resident PHI by email

Use only resident initials on any correspondence leaving the home by fax and use confidentiality warning on fax cover sheet/emails

Direct complaints about the management of PHI to the administrator

Read and sign employee confidentiality agreement

Accountability

The Administrator is the privacy contact for the home

Privacy of Information Policy O.1.24

Be On Guard

Everyone has Everyone has a responsibility for ensuring resident a responsibility for ensuring resident

confidentiality and privacy!confidentiality and privacy!