CONFIDENTIALITY OF PATIENTS RECORD
Practice Privacy and Confidentiality Statement
LJP Medical Solutions wants to ensure the highest standard of medical care for our patients. We understand that confidentiality is a fundamental principle of medical ethics and is central to the trust between patients and doctors.
The privacy practices we adopt in our practice are in line with the Health Insurance Portability and Accountability Act Of 1996 (HIPPA), which protects the privacy and security of individuals identifiable health information and establish an array of individual rights with respect to health information, have always recognized the importance of providing individuals with the ability to access and obtain a copy of their health information. With limited exceptions, the HIPPA privacy Rule (The Privacy Rule) provides individuals with a legal, enforceable right to see and receive copies upon request of the information in their medical and other health records maintained by their health care providers and plan.
We see our patients’ consent as being the key factor in dealing with their health information. This statement is about making consent meaningful by advising you of our policies and practices on dealing with your medical information.
General Right
The Privacy Rule generally requires HIPAA covered entities (health plans and most health care providers) to provide individuals, upon request, with access to the protected health information (PHI) about them in one or more “designated record sets” maintained by or for the covered entity. This includes the right to inspect or obtain a copy, or both, of the PHI, as well as to direct the covered entity to transmit a copy to a designated person or entity of the individual’s choice. Individuals have a right to access this PHI for as long as the information is maintained by a covered entity, or by a business associate on behalf of a covered entity, regardless of the date the information was created; whether the information is maintained in paper or electronic systems onsite, remotely, or is archived; or where the PHI originated (e.g., whether the covered entity, another provider, the patient, etc.).
Managing your information
- In order to provide for patient care we need to collect and keep information about patients and their health on our records.
- We commit to retaining patient information securely.
- We will only ask for and keep information that is necessary. We will attempt to keep it as accurate and up to date as possible. We will explain the need for any information we ask for if a patient is not sure why it is needed.
- We ask all patients to inform us about any relevant changes that we should know about. This would include such things as any new treatments or investigations being carried out that we are not aware of. Patients are asked to inform us of change of address and phone numbers.
- All Practice Staff working in this practice (not already covered by a professional confidentiality code) sign a confidentiality agreement that explicitly makes clear their duties in relation to personal health information and the consequences of breaching that duty.
- Access to patient records is regulated to ensure that they are used only to the extent necessary to enable the employee in question, whether secretary, manager, or healthcare professional perform their tasks for the proper functioning of the practice. In this regard, patients should understand that practice staff may have access to their records for:
- Identifying and printing repeat prescriptions for patients. These are then reviewed and signed by your GP.
- Generating a social welfare certificate for the patient. This is then checked and signed by your GP.
- Opening letters from hospitals and consultants. The letters could be appended to a patient’s paper file or scanned into their electronic patient record.
- Scanning clinical letters, Medical Records, and any other documents not available in electronic format.
- The practice is committed to guarding against accidental disclosures of confidential patient information. Before disclosing identifiable information about patients, the practice will:
- Be clear about the purpose for disclosure.
- Having you, the patient’s consent or other legal basis for disclosing the information.
- Have considered using anonymised information and be certain it is necessary to use identifiable information.
- Be satisfied that we are disclosing the minimum information to the minimum amount of people necessary
- Be satisfied that the intended recipient is aware the information is confidential and that they have their own duty of confidentiality.
Disclosure with consent
If a patient is capable of making their own decisions about their healthcare, we will get their consent before giving confidential information that identifies them to the patient’s relatives close friends, or for research for disease registers.
If you as the patient do not consent to disclosure of identifiable information we will respect that decision except where failure to make the disclosure would put the you the patient or others at risk of serious harm or the disclosure is required by law or in the public interest as outline below.
Patients should understand and accept that their healthcare information must be shared within the healthcare team and with support staff to provide effective and safe care. If disclosure of a patient’s information within our practice or to other health care providers is necessary as part of a patient’s treatment and care, we will explain this to the patient and disclose the information to an appropriate person making sure they are aware of their duty of confidentiality. If a patient objects to the transfer of the information we deem necessary we will explain to the patient that we cannot arrange referral or treatment without disclosing the information.
We recognize that clinical audit, quality assurance, education and training are essential for providing safe and effective healthcare. If we are providing patient information pursuant to of any of these activities, we understand the information must be anonymised or coded before it is disclosed outside the healthcare team. If that is not possible we will make sure a patient is told about the disclosure in advance and given the opportunity to object. We will respect a patient’s wishes in respect of the disclosure.
Request for records from a patient:
If the practice receives a request from a patient to release a copy of a patient’s records we will consider carefully the obligation to remove all references to third parties.
In the case of requests for disclosures to insurance companies or requests made by solicitors for a patient’s records we will only release the information with the patient’s verbal consent.
We are aware that patient information remains confidential even after death. If it is not clear if a patient consented to the disclosure of information after death, we will consider how the disclosure might benefit or cause distress to the family or carers, the effect of disclosure on the reputation of the deceased and the purpose of disclosure. We will require written consent to disclosure of a deceased’s patient’s records from the personal representative or executor of the deceased’s will. We are aware that a GP’s discretion may be limited if a disclosure of a patient’s records is required by law.
Medical reports
- We understand that a medical report requested by a third party such as an employer, insurance company or legal representative must be factual, accurate and not misleading.
- We will seek to ensure that the patient understands the scope and purpose of the report and that the GP cannot omit relevant information.
- We will also seek to ensure the patient is aware of our duty of care to them and to the person/company from whom the report was requested.
Recordings
It should be noted that we do not, as a rule, make or allow to be made, recordings of any kind during a consultation.
If any such recording were made, we are committed to ensuring that any audio, visual or photographic recordings of a patient or relative of a patient, in which the person is identifiable, should only be made with express consent of that person. The recordings will be kept confidential as a part of the patient’s record. We will do all we reasonably can to protect confidentiality of the recording. We will get consent before sharing such videos, photos or other images of a patient.
We will only take images of patients information such as insurance card or license on a dedicated mobile line by one of our care team members when necessary for the patient’s care and with the express permission of the patient.
Your right of access to your health information
You have the right of access to all the personal information held about you by this practice. If you wish to see your records in most cases it is the quickest to discuss this with your doctor who will outline the information in the record with you. You can make a formal written access request to the practice and the matter can be dealt with formally.
Transferring to another practice
If you decide at any time and for whatever reason to transfer to another practice we will facilitate that decision by making available to your new doctor a copy of your records on receipt of your signed consent from your new doctor. For legal reasons we will also retain a copy of your records in this practice for an appropriate period of time which may exceed eight years.
We hope this policy has explained any issues that might arise. If you have any questions please speak to Jackie Perez ( Head Of Patient Care) 704-787-4625