MODULE TWO Ethical and Legal Issues

Objectives: Particpants will: Understand privacy, confidentiality and ethics as they relate to being a volunteer. Students will understand the difference between confidential and anonymous Define ethical behavior in the health care setting. Understand when it is acceptable to breach confidentiality. Understand the basic concepts of HIPAA.

Confidential and anonymous Confidential information may use name or other identifying information but it is kept private and only discloses with consent Anonymous information does not have any identifying information connected with it

Why are privacy and confidentiality so important? In many situations, it’s the law. The people you work with may be dealing with issues that are very personal and sensitive. Gaining trust is vital to providing services. Trust can take a long time to build and only a second to destroy.

What are some examples of confidential and anonymous information?

Do not ask too many personal questions. Ask only questions that you need to know Let the person you are serving know how the information you are given will be used and shared If you meet someone you have served outside of work, let them approach you or say hello to you. They may pretend not to know you and that is okay. Use non-identifying information when discussing clients; that is, don’t use their actual names or other personal information. Communication etiquette:

Get into the habit of using non-identifying information Find private places to talk Let the person you are serving initiate the discussion of private or sensitive subjects If you hear something that shocks you try not to react in a way that will embarrass or make the person feel bad. Communication etiquette:

As a volunteer it is your responsibility to: Maintain confidentiality Learn all applicable confidentiality laws. Know your volunteer site’s confidentiality policies and rules and abide by them. Be loyal to those you are serving Be Dependable and never make promises you cannot keep, show up and be on time. Be honest with staff members, other students and your clients Speak up if you do not understand or agree with a policy or rule. Accept both positive and negative feedback from staff

As a volunteer you have a right to: Be treated with respect and dignity Be provided with relevant and pertinent information about the organization for which you are volunteering. Be provided with positive and constructive feedback regarding your performance Understand the roles of the staff members. Ask questions Be given suitable assignments Be provided with clear and understandable goals and objectives Leave a situation that make you feel uncomfortable or unsafe

What are ethics The discipline of dealing with what is good and bad with moral duty and obligation A theory or system of moral values ~Merriam-Webster dictionary

Ethical behavior is: Being respectful of the cultural, social and ethnic differences in people. All professionals have a “code of ethics” they must follow when performing health care activities. Maintaining professionalism when interacting with clients and staff. Providing fair and equal treatment for all.

Legal responsibilities: You will be expected to: Learn and abide by the rules of the organization for which you are volunteering. Maintain confidentiality of clients at all times. When in doubt, ask your supervisor and/or contact a CCHSC staff member immediately.

Exceptions to the rules of confidentiality: If you see or know about: A child being abused. Drugs being used or sold. Someone planning to hurt themselves or someone else. Matters of life, death or injury. –Go to your supervisor and/or a CCHSC staff member immediately. They have the experience and authority to handle the situation.

What is HIPAA? Developed by the federal government in Provides privacy laws regarding patient medical information. In 2003, new regulations were put into effect that include specific patient rights regarding medical information. Health Insurance Portability and Accountability Act

What kinds of privacy does the law require? Patients have a right to see their own medical information and to correct inaccurate information. Limits are set as to who can see a patient’s medical information. Patients can limit the ways in which their medical information is communicated. Patients can file complaints if they believe their rights are being violated.

Remember! You always have resources and support. You can go to your on-site supervisor. You can contact the CCHSC staff at anytime.

How will I know what to keep confidential and private? You will be provided with information and guidelines from your supervisor at your volunteer sight. If you do not understand your roles and responsibilities, SPEAK UP!

When should I ask for help? If you are concerned about your own safety. If you feel you need help. If you question a rule or a task you are being asked to complete. If you are asked to sign something that you do not understand. If you are stressed or unhappy at your site. If something just does not feel right. ANYTIME!

Summary: It is okay to breach confidentiality if there is a risk of danger to you or someone else. HIPAA stands for Health Insurance Portability and Accountability Act. HIPAA provides privacy laws regarding patient medical information and limits who can see a patient’s medical information.