For more than three decades, covered entities, like healthcare organizations, have turned to consultants and risk managers for guidance on the intricacies of the Health Insurance Portability and Accountability Act (HIPAA).
While relying on expert guidance is reasonable, it can also lead to an overly cautious interpretation of the rules, especially regarding "incidental disclosures” of patients’ protected health information (PHI).
What are incidental disclosures?
They are small, often unavoidable exposures of PHI when healthcare professionals share necessary information relating to patient care. However, many medical professionals are holding themselves back and withholding much-needed communication owing to a deep-seated fear of violating privacy standards.
HIPAA misconceptions
According to a study on HIPAA and patient care, much of the "controversy and confusion" about HIPAA regulations surrounds "misconceptions regarding what the regulations say about incidental disclosures." These misconceptions often lead to strict, risk-averse policies that "limit essential communication and compromise good patient care."
So, how does a regulation designed to protect patient privacy now threaten to harm patient outcomes?
At the core of the problem are gaps in HIPAA's rules. These gaps can leave healthcare providers making judgment calls with little guidance. These judgment calls can be well-intentioned but poorly executed, potentially inhibiting communication within care teams.
When a physician fails to share critical information about the patient out of fear of violating HIPAA rules, is that truly putting the patient's safety first?
To balance HIPAA with good patient care, providers must carefully weigh their communication decisions, asking if the information exchange is "necessary and effective for good patient care.”
Is there a practical, less invasive alternative? Perhaps most importantly, "Are the risks of a breach of confidentiality proportional to the likely benefit for the patient's care?”
When making such decisions, providers of care must rely on their ethical judgment to interpret HIPAA regulations and have the patient's best interest at heart. In the absence of such an approach, we are potentially missing opportunities to improve patient outcomes because of overly cautious interpretations of privacy rules.
Practical solutions to incidental disclosures
Healthcare providers can take several proactive steps to encourage patient-centered communication without violating privacy. The study offers the following recommendations on how providers can ethically handle incidental disclosures:
- Clear, ethical policies with practical guidance: Physicians should collaborate with risk managers and practice administrators to establish policies that promote communication in patient care. The policies should assist in protecting patient privacy and guarantee communication when necessary for the patient's welfare.
- Ethics-based training on HIPAA: Using real-life scenarios in HIPAA training, healthcare providers can contextualize incidental disclosures that are ethically acceptable. It allows them to implement the ethical decision of having the patient as the focus when decisions weigh against the risks and benefits of information disclosure.
- Using technology: Healthcare providers must use a HIPAA compliant email solution, like Paubox, to limit the chances of incidental disclosure. It allows clinicians to efficiently communicate with patients, colleagues, and other healthcare professionals while protecting patient privacy.
FAQs
What makes an email HIPAA compliant?
Providers must use a HIPAA compliant emailing platform, like Paubox, which encrypts all outgoing emails, preventing unauthorized access to patients’ protected health information (PHI).
Is patient consent required for email communication under HIPAA?
Yes, providers must obtain explicit patient consent before using emails to send protected health information (PHI).
Read also: A HIPAA consent form template that's easy to share
What is professional judgment in HIPAA?
Professional judgment is the discretion healthcare providers use to make decisions about sharing patient information based on their training, experience, and the specific circumstances of each case.
