1. Self Directed Module 3 Patients’ Right to Object to Disclosures (“Opt Out”) START Click to begin… H I P A A T R A I N I N G

2. PrevNext Introduction Patients of the HCHC have the right to object to certain uses and disclosures of their Protected Health Information (PHI). This module will explain the process for responding to a patient’s request to object to disclosures (or “opt out”).

3. PrevNext General Consent for Treatment HCHC will obtain a General Consent for Treatment from all patients which also includes: –consent to use or share PHI for Treatment, Payment, Healthcare Operations (TPO) –acknowledgement of receipt of Notice of Privacy Practices (NPP) –opportunity to prohibit or restrict the use or sharing of PHI also known as “Opt Out” –financial information

4. PrevNext Notice of Privacy Practices (NPP) The NPP is a summary of the privacy policies and procedures of HCHC which informs patients of their rights and HCHC’s requirements for the privacy of PHI.

5. PrevNext Notice of Privacy Practices (NPP) The NPP must be given to each patient on his/her first visit to HCHC. Patients may request an additional copy of the NPP at any time. The NPP must be posted and copies made available (in both English and Spanish) in all patient registration and/or check-in areas. A patient must acknowledge his/her receipt of the NPP in writing.

6. PrevNext For Example: Mr. Presley comes to a clinic and he is provided a packet of information which includes the NPP. He is asked to read and sign the General Consent for Treatment form. He returns the form to Sandra, a Clinical Business Associate, who reviews it to verify the information is complete. Pointing to the NPP acknowledgement area of the form, she asks him, “Mr. Presley, would you also please sign here saying that you have read the NPP?” Is Sandra’s request appropriate?

7. PrevNext For Example: No. Signing the acknowledgement only states that the patient has RECEIVED the NPP, not read or understood it. Sandra should only ask Mr. Presley to acknowledge that he was given an NPP with his check-in packet.

8. PrevNext Patient Right to Object to Disclosures: Patient List / Census List HCHC maintains a list of patients currently in the clinic. This allows us to provide the following information to those who ask for the patient by name. Unless the patient opts out, we can provide: –The patient’s location –The patient’s general condition “stable”, “serious”, or “critical”

9. PrevNext Patient Right to Object to Disclosures: Patient List / Census List Patients may opt out at the time of check in and at any time while at HCHC. The patient will note these objections in the space provided on the General Consent for Treatment form. This form is filed in the medical record and opt outs are entered in the registration system. With very few exceptions, staff may not opt out for the patient. Exceptions require the approval of your Privacy Officer.

10. PrevNext Patient Right to Object to Disclosures: Patient List / Census List If the patient decides to alter these objections, he/she will complete a new General Consent for Treatment form which will be filed in the medical record and the revisions entered in the registration system.

11. PrevNext Patient Right to Object to Disclosures: Patient List / Census List If a patient “opts out” of the patient list: –his/her information will not be shared with outside callers or visitors –the patient is not included (or encoded) in the clinic list maintained by the Clinic Reception operators. –all patient names, including those patients who have “opted out”, appear on all other internal patient lists with the appropriate “opt out” flags or code names.

12. PrevNext Patient Right to Object to Disclosures: Patient List / Census List If a patient “opts out” of the patient list, callers or visitors should be told, “I have no information available on that person.” If a caller or visitor continues to ask about a patient who has “opted out”, the staff should suggest that the caller or visitor contact the person’s family or their source of information.

13. PrevNext Patient Right to Object to Disclosures: Patient List / Census List If the caller or visitor is still not satisfied, the staff should contact their supervisor for assistance. The supervisor may choose to contact the patient to alert them to the situation.

14. PrevNext Patient Right to Object to Disclosures: Sharing Information with Family and/or Friends Unless the patient objects, limited PHI may be shared with family, friends and/or representatives of the patient: –when sharing the information relates to his/her care or payment for care, or –when needed to notify individuals about the patient’s location or general condition.

15. PrevNext For Example: When Mrs. Jackson is admitted, she signs a General Consent for Treatment Form and does not choose to “opt out” of any areas. She calls her nurse into her room very upset because she just received a phone call from someone she did not want to know she was in the clinic. The patient says they received information from the front desk. Should this person’s information have been disclosed? Could anything have been done differently?

16. PrevNext For Example: Because Mrs. Jackson did not choose to “opt out” of the patient directory, callers inquiring about her by name would receive confirmation of her location in the clinic and general information about her condition. The only thing that might have been done differently is a better explanation upon check-in of these opt outs so that the patients may make the appropriate choices to suit their desires.

17. PrevNext You have now successfully completed the online HIPAA Patient Right to Object Module - Click to end show - Prev