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Readability level of health insurance portability and accountability act notices of privacy practices utilized by academic medical centers.

Recently enacted Health Insurance Portability and Accountability Act legislation requires health care professionals to provide patients with a "Notice of Privacy Practices" (NPP) document as part of their informed consent process to participate in assessment and treatment. We were interested in the readability of these forms. We attempted to find a NPP from an academic medical center in each state plus the District of Columbia where documents were placed on the institution's Web site. Documents were obtained from 40 jurisdictions and were then analyzed utilizing two measures of readability. The majority (65%) of these documents were written beyond the 12th grade reading level, and almost the entire sample (90%) fell in the difficult range of reading ease. Academic medical centers have an ethical obligation to improve the readability of these documents and should do so to improve clinical practice and reduce liability.

Academic Medical Centers↗

Intimacy--meeting needs and respecting privacy in the care of elderly people: what is a good moral attitude on the part of the nurse/carer?

This article explores notions of intimacy in the caring context. The aspects discussed are: privacy and intimacy; intimacy as emotional and/or physical closeness; intimacy as touch; sexual intimacy and normal ageing; sexual intimacy and patients suffering from dementia; and intimacy as trust. Examples are given and problems are identified, with reflection on the attitude and behaviour of the carer. It is suggested that when trying to make moral decisions in concrete situations it is imperative that the carer is aware of the values upon which his or her own thinking is based. It is argued that the guiding principle should be the moral assumption that the carer's responsibility can never be interpreted as a right to disregard the wishes of the patient. Hence, the key word in daily care is 'respect'.

Aged↗

Rights to privacy in research: adolescents versus parents.

Conducting research on adolescents raises a number of ethical issues not often confronted in research on younger children. In part, these differences are due to the fact that although assent is usually not an issue, given cognitive and social competencies, the life situations and behavior of youth make it more difficult to balance rights and privacy of the adolescents. In this article, the three ethical principles of beneficence, justice, and respect for persons are discussed in terms of their application to the study of adolescents. Then, seven vignettes are presented to illustrate how these principles apply to real-life situations. How to balance the rights of adolescents and their parents is discussed, using adolescent girls and their parents for illustrative purposes.

Adolescent↗

Privacy: what does it mean for children's nurses?

Children and young people have a right to privacy and respect. However, conflict can arise, particularly in relation to family life, which cannot be side-stepped by nurses. This article gives an overview of the legal and ethical rights of children and young people.

Child↗

An act of privacy.

Lawmakers in Washington have drafted a new bill to protect the privacy of medical records in the digital age. The author argues that the measure needs fine tuning, but that it's a good start.

Computer Security↗

Protecting individual privacy: a pothole on the information superhighway?

Ensuring that our society continues to protect both patient privacy and individual rights in the pursuit of the computer-based patient record requires that we also recognize the potential threats of the emerging systems and technology. Simultaneous parallel trends and advances in high technology could jeopardize underlying democratic principles if they converge without adequate protections in place.

Computer Communication Networks↗

Privacy protections afforded by computer-based patient record systems.

Computer-based patient record (CPR) systems can afford greater protection of private health information. Key factors that enhance security of CPR systems include the capability to identify the user, verify authorization, determine legitimacy of use, restrict retrieval to only specific "need-to-know" information, encrypt access mechanisms and content, and track all access. The public demands greater protections for computer systems than for paper-based systems. Coupled with appropriate internal management controls and federal preemptive privacy law, breaches of confidentiality from CPRs would occur virtually through the only means that cannot be safeguarded: human communication.

Computer Security↗

Standards for confidentiality, privacy, access, and data security.

The American Society for Testing and Materials (ASTM), an accredited standards development organization with a focus on health care informatics, has recently produced a standards document on the principles of confidentiality, privacy, access, and data security. The ASTM subcommittee responsible for this work is ASTM 31.17. The article discusses the link between voluntary health informatics standards and issues such as confidentiality and data security in computerized health information systems.

Computer Security↗

Health care security and privacy, quality and safety.

Working group 6 of CEN/TC251 is concerned with the broad field of Security and Privacy, Quality and Safety in Health Care. In line with the priorities given by SOGITS, the first areas to be looked into, are those concerned with Data Protection in Health Care Information Systems. In order to successfully work on standardisation in this field, one has to take into account the generally low awareness for these problems, and the necessity to avoid increasing the gap between theory and practice. Work of WG6 will build to a large extent on the results of a related AIM-project (SEISMED). A sketch is given of ongoing work on this subject. Briefly, also other work items for WG6 are reviewed.

Computer Security↗

Privacy. Are there any guarantees?

Many health plan members worry that their medical records no longer are kept securely in paper medical files. Electronic data, they argue, is too easy to access. But healthcare administrators often need to use personal medical information to follow trends in outcomes, quality management and utilization review. Is there a balance? Kathleen O'Connor reports that Donna Shalala, secretary of the Department of Health and Human Services, recently provided some suggestions for safeguarding medical privacy in the information age.

Computer Communication Networks↗

Health data privacy.

How can the tradition of patient-provider confidentiality be preserved and still meet the changing information needs of insurers, employers, public health agencies, policy analysts, and researchers? As countries grapple with the issue of a patient's right to medical record privacy, actions that the U.S. takes in this area will set precedents and have implications for nearly every health care electronic transaction. The Health Insurance Portability and Accountability Act requires the Secretary of Health and Human Services (HHS) to recommend standards for electronic financial and administrative transactions. The HHS focused on the confidentially of patient's health care information, guided by five principles in developing recommendations: (1) Boundaries; (2) Security; (3) Consumer Control; (4) Accountability; and (5) Public Responsibility.

Computer Security↗

Privacy Act of 1974; addition of routine uses to an existing system of records--HRSA. Notification of an addition of routine uses to an existing system of records.

In accordance with the requirements of the Privacy Act, the Health Resources and Services Administration (HRSA) is publishing a proposal to add three new routine uses for the records in System of Records 09-15-0056, National Vaccine Injury Compensation Program (VICP), BHPr/ HRSA/HHS. HRSA proposes to specify the categories of records in the system, and to expand the list of routine use in record disclosures to include disclosures for research purposes, disclosures to annuity brokers, and disclosures to employees of life insurance companies for the purposes of providing benefits to recipients under the VICP.

Forms and Records Control↗

Medical records and privacy: empirical effects of legislation.

OBJECTIVE: To determine the effects of state legislation requiring patient informed consent prior to medical record abstraction by external researchers for a specific study. DATA SOURCES/STUDY SETTING: Informed consent responses obtained from November 1997 through April 1998 from members of a Minnesota-based IPA model health plan. STUDY DESIGN: Descriptive case study of consent to gain access to medical records for a pharmaco-epidemiologic study of seizures associated with use of a pain medication that was conducted as part of the FDA's post-marketing safety surveillance program to evaluate adverse events associated with approved drugs. DATA COLLECTION: The informed consent process approved by an institutional review board consisted of three phases: (1) a letter from the health plan's medical director requesting participation, (2) a second mailing to nonrespondents, and (3) a follow-up telephone call to nonrespondents. PRINCIPAL FINDINGS: Of 140 Minnesota health plan members asked to participate in the medical records study, 52 percent (73) responded and 19 percent (26) returned a signed consent form authorizing access to their records for the study. For 132 study subjects enrolled in five other health plans in states where study-specific consent was not required, health care providers granted access to patient medical records for 93 percent (123) of the members. CONCLUSION: Legislation requiring patient informed consent to gain access to medical records for a specific research study was associated with low participation and increased time to complete that observational study. Efforts to protect patient privacy may come into conflict with the ability to produce timely and valid research to safeguard and improve public health.

Cohort Studies↗

Privacy and efficiency in patients focused health care processes.

Today's health care industry is striving to achieve the development and deployment of computer-based patient records for improvements in health care quality, cost, and access. This rapidly increasing use of computer techniques in the field of medicine and health care has created an urgent need for the dissemination of information on data protection. We present in this paper a workflow-based approach to ensure privacy and efficiency in clinical information systems and discuss the presented solution according to its practicability in daily clinical use.

Computer Security↗

Federal and state privacy legislation moving ahead.

Federal and state legislators continue moving swiftly to enact legislation regarding the privacy of medical records. In this quick update, find out the latest and how it may affect your disease management efforts.

Disease Management↗

Privacy Act; implementation. Office of Inspector General (OIG), HHS. Final rule.

This final rule exempts the new system of records, the Healthcare Integrity and Protection Data Bank (HIPDB), from certain provisions of the Privacy Act (5 U.S.C. 552a). The establishment of the HIPDB is required by section 1128E of the Social Security Act (the Act), as added by section 221(a) of the Health Insurance Portability and Accountability Act (HIPAA) of 1996. Section 1128E of the Act directed the Secretary to establish a national health care fraud and abuse data collection program for the reporting and disclosing of certain final adverse actions taken against health care providers, suppliers or practitioners, and to maintain a data base of final adverse actions taken against health care providers, suppliers and practitioners. Regulations implementing the new HIPDB were published in the Federal Register on October 26, 1999 (64 FR 57740). The exemption being set forth in this rule applies to investigative materials compiled for law enforcement purposes.

Data Collection↗