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Privacy, confidentiality and automated health information systems.

Professor Vuori's paper, first presented at the fourth Medico-legal Conference in Prague in the spring of this year, deals with the problem of the maintenance of confidentiality in computerized health records. Although more and more information is required, the hardware of the computer systems is so sophisticated that it would be very expensive indeed to 'break in' and steal from a modern data bank. Those concerned with programming computers are becoming more aware of their responsibilities concerning confidentiality and privacy, to the extent that a legal code of ethics for programmers is being formulated. They are also aware that the most sensitive of all relationships--the doctor-patient relationship--could be in danger if they failed to maintain high standards of integrity. An area of danger is where administrative boundaries between systems must be crossed--say between those of health and employment. Protection of privacy must be ensured by releasing full information about the type of data being stored, and by maintaining democratic control over the establishment of information systems.

Computers↗

Privacy and security: are your health information systems up to standard?

As electronic patient health information systems become more fully developed and widespread, there are persistent concerns about the privacy and confidentiality of the personal health data being stored and disseminated. Standards Australia has released two Standards which provide useful guidelines for the organisational, technological and human behavior solutions required to protect privacy and confidentiality in health care organisations. The major requirements of these Standards are outlined and the implications of the Standards for health information managers are discussed.

Australia↗

Attitudes to privacy, health records and interconnection: implications for healthcare organizations.

About nine in 10 Canadians support legislation that would protect patient confidentiality. However, the Canadian public is not consistent in its views regarding privacy. Data suggest that the public's attitudes to privacy, and particularly access to medical records, are heavily influenced by the context in which the situation is presented and potential benefits to the individual or to the public.

Access to Information↗

Autonomy, privacy and informed consent 1: concepts and definitions.

This article is the first in a four-part series that explores the concepts of patient autonomy, privacy and informed consent in the context of the provision of nursing care. In this first article an overview of the concepts is provided, and some of the difficulties with definitions of these concepts are considered. The dearth of empirical exploration of the operationalization of the concepts of patient autonomy, privacy and informed consent within nursing practice is highlighted. The second, third and fourth articles report a series of empirical studies carried out with patients and staff in postnatal care, in continuing care of elderly people and in acute surgical care within Scottish NHS settings. These studies are part of a concerted effort to address the lack of empirical investigation of the ethical dimension of nursing care provision and clinical nursing practice.

Humans↗

Privacy versus accountability: a health care dilemma.

Social work practitioners are obligated both to document their services to clients and to protect information about their clients from unwarranted access and use. In the current environment of social work practice in the health care field, these obligations often conflict. This article describes and offers solutions to the dilemma of privacy versus accountability. If social workers maximize the protection offered by the four principles of privacy: confidentiality, anonymity, client access, and abridgment , they can safeguard personal information while still meeting accountability standards.

Civil Rights↗

Impact of HIPAA on confidentiality and privacy issues. Health Insurance Portability and Accountability Act.

All covered entities must comply with new HIPAA regulations governing transaction sets, privacy, and security. The deadline for implementation of new privacy requirements is scheduled for April 14, 2003. Pharmacists should prepare to implement these new requirements as soon as possible. HIPAA rules are complex. Penalties for violations could be severe, so pharmacists are advised to take appropriate measures to avoid liability.

Confidentiality↗

The "foul disease" and privacy: the effects of venereal disease and patient demand on the medical marketplace in early modern London.

This article examines medical advertisements for venereal disease treatment from late Stuart London. It explores how privacy issues influenced the services provided by early modern venereologists. It shows that practitioners who sought to get ahead in the competitive field of venereology began to offer private treatment at a time when other physicians seem not to have provided that service. Therefore, market forces such as patient demand had an innovatory effect on early modern medical ethics. The same dynamic that caused venereal patients to seek privacy also led them to demand a practitioner of their own sex. Infected women clearly wished to be treated by a female practitioner. Many male practitioners forged partnerships with women in order to attract female clientele. These partnerships were frequently based on familial connections, most often between husband and wife. The presence of widespread VD in London helped sustain a sizable number of female practitioners who specialized in venereology.

Advertising↗

Research recruitment through US central cancer registries: balancing privacy and scientific issues.

Cancer registries are a valuable resource for recruiting participants for public health-oriented research, although such recruitment raises potentially competing concerns about patient privacy and participant accrual. We surveyed US central cancer registries about their policies for research contact with patients, and results showed substantial variation. The strategy used most frequently (37.5% of those that allowed patient contact), which was among the least restrictive, was for investigators to notify patients' physicians and then contact patients with an opt-out approach. The most restrictive strategy was for registry staff to obtain physician permission and contact patients with an opt-in approach. Population-based studies enhance cancer control efforts, and registry policies can affect researchers' ability to conduct such studies. Further discussion about balanced recruitment approaches that protect patient privacy and encourage beneficial research is needed.

Certification↗

Privacy protection versus cluster detection in spatial epidemiology.

OBJECTIVES: Patient data that includes precise locations can reveal patients' identities, whereas data aggregated into administrative regions may preserve privacy and confidentiality. We investigated the effect of varying degrees of address precision (exact latitude and longitude vs the center points of zip code or census tracts) on detection of spatial clusters of cases. METHODS: We simulated disease outbreaks by adding supplementary spatially clustered emergency department visits to authentic hospital emergency department syndromic surveillance data. We identified clusters with a spatial scan statistic and evaluated detection rate and accuracy. RESULTS: More clusters were identified, and clusters were more accurately detected, when exact locations were used. That is, these clusters contained at least half of the simulated points and involved few additional emergency department visits. These results were especially apparent when the synthetic clustered points crossed administrative boundaries and fell into multiple zip code or census tracts. CONCLUSIONS: The spatial cluster detection algorithm performed better when addresses were analyzed as exact locations than when they were analyzed as center points of zip code or census tracts, particularly when the clustered points crossed administrative boundaries. Use of precise addresses offers improved performance, but this practice must be weighed against privacy concerns in the establishment of public health data exchange policies.

Algorithms↗

Privacy and solidarity: effects of nursing home accommodation on environmental perception and sociability preferences.

This field study of nursing home accommodations examines the influence of type of living accommodation and personal characteristics upon environmental perception and interaction preferences with regard to privacy and sociability. Ward residents view their dwelling as less secure and feel less able to control social encounters occurring therein than do single room residents. In terms of preferences, however, it is the single room residents who express greater desires for isolation and disclosure restriction. These data and the absence of differences in resident satisfaction, are consistent with an adaptation model of privacy-sociability preference.

Adaptation, Psychological↗

Electronic prescribing and HIPAA privacy regulation.

Electronic prescribing offers the prospect of safer medication management, but fulfillment of that promise depends on ready access to personal health information from many sources, thus raising new concerns about information privacy and security. Federal privacy regulations under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) limit the sharing of health information by providers, and particularly may discourage information sharing over distributed computer networks. This analysis finds that although HIPAA has only a limited effect on current e-prescribing practices, future electronic prescribing systems will likely fall short of their potential benefits, absent policy refinements designed to encourage clinically appropriate, networked sharing of patient health information.

Clinical Pharmacy Information Systems↗

[Ethical opinion survey on the periodical health examination among workers: privacy protection and informed consent on the information of the heath examination among workers in small and medium-sized enterprises].

We investigated the ethical opinions concerning the information on legal regular health examinations with a questionnaire for 757 workers in enterprises that contracted a part-time occupational physician as there were no full-time occupational health professionals. Thirty to 50% of the workers answered that the information on their health examination was known to their superiors and their colleagues. Also, 20 to 40% of the workers answered that the information was made known to other people without obtaining their agreement. This tendency among the group of sick workers was stronger than in the group of healthy workers. On the other hand, the workers who suspected that the information on their health examination might be made available to other people exceeded the majority. In these enterprises, there seemed to be ethical problems from the point of the protection of privacy. It was also shown that the consideration of ethics concerning the protection of the privacy of the information on worker's health examinations was not high. However, it was suggested that the ethical opinion concerning worker's informed consent was high, as there were 85% or more workers who answered that agreement of the workers themselves was necessary for disclosing the information on their medical examination.

Confidentiality↗

Privacy Act of 1974; computer matching program--HCFA. Clarification--computer match between HCFA and the Internal Revenue Service (IRS)--notice published in the Federal Register on July 5, 1989.

Pursuant to the Computer Matching and Privacy Protection Act of 1988, Public Law 100-503, October 18, 1988, and the Office of Management and Budget (OMB) Guidelines on the Conduct of Matching Programs, the IRS published a notice in the Federal Register (54 FR 28149; July 5, 1989) announcing their intention to conduct a match with a number of Federal and State agencies including HCFA. These matches, in accordance with various provisions of section 6103 of the Internal Revenue Code (IRC) of 1986, provide these agencies with tax information from IRS records to assist them in administering the programs and activities as described. The match with HCFA is pursuant to IRC 6103(1)(7). The IRS is required, upon written request, to disclose current information from returns with respect to unearned income to any Federal, State, or local agency administering certain federally approved programs to provide, among other things, medical assistance. HCFA is publishing this notice to ensure that the public is aware that it is participating in this match to verify Medicaid eligibility. The HHS Data Integrity Board has approved an Agreement between HCFA and the IRS on February 8, 1990, as required by the Computer Matching and Privacy Protection Act of 1988.

Centers for Medicare and Medicaid Services, U.S.↗

Privacy Act of 1974; report of new systems of records--HCFA. Notice of new system of records.

In accordance with the requirements of the Privacy Act of 1974, we are proposing to establish a new system of records, "HCFA Medicare Mortality Predictor Data File, "HHS/HCFA/ORD No. 09-70-0047. We have provided background information about the proposed system in the "Supplementary Information" section below. Although the Privacy Act requires only that the "routine uses" portion of the system be published for comment, HCFA invites comments on all portions of this notice.

Civil Rights↗

Privacy Act of 1974; report of new system--HCFA. Notice of new system of records.

In accordance with the requirements of the Privacy Act of 1974 we are proposing to establish a new system of records, "The Medicare/Medicaid Multi-State Case-Mix and Quality Data Base for Nursing Home Residents," HHS/HCFA/ORD, No. 09-70-0050. We have provided background information about the proposed system in the "Supplementary Information" section below. Although the Privacy Act requires only that the "routine use" portion of the system be published for comment, HCFA invites comments on all portions of this notice. See "Dates" section for comment period.

Centers for Medicare and Medicaid Services, U.S.↗

Privacy Act of 1974; report of new system--HCFA. Notice of new system of records.

In accordance with the requirements of the Privacy Act of 1974, we are proposing to establish a new system of records, "Evaluation of the Medicare SELECT program, HHS/HCFA/ORD No. 09-70-0058." We have provided background information about the proposed system in the "SUPPLEMENTARY INFORMATION" section below. Although the Privacy Act requires only that the "Routine Uses" portion of the system be published for comment, HCFA invites comments on all portions of this notice. See "DATES" section for comment period.

Centers for Medicare and Medicaid Services, U.S.↗

Information privacy: medical record directors' perceptions of policy and practice.

In summary, it appears that much work remains to be done in ensuring medical information privacy, especially in larger healthcare facilities. Managers of these organizations are urged to confront these issues now, while there is still time to act in a proactive management mode. Media and legislative scrutiny with respect to privacy are increasing, and it is only a matter of time before managers in the medical community find themselves reacting to queries from external parties. It is far better to resolve the problems while they are under one's own control than to wait for outside scrutiny to force a reactive reconsideration.

Attitude of Health Personnel↗

Privacy Act of 1974; report of new system--HCFA. Notice of new system of records.

In accordance with the requirements of the Privacy Act of 1974, we are proposing to establish a new system of records, "Evaluation of the Medicare Case Management Demonstration" No. 09-07-0061 HHS/HCFA/ORD. We have provided background information about the proposed system in the "Supplementary Information" section below. Although the Privacy Act requires that only the "routine uses" portion of the systems be published for comment, HCFA invites comments on all portions of this notice. See "Dates" section for comment period.

Centers for Medicare and Medicaid Services, U.S.↗