ABSTRACT
Background: NHS services delivering psychological treatments to clients requires volumes of patient data to be collected. Patient history information, as well as the dialogue, progress notes and risk assessments, result in mental health services accumulating comparatively more information about each patient than would be recorded by physical health practitioners. The information age has helped to transform the way all patient data is collected and stored. As a result, debate and concerns about the privacy and security of patient data have been evident in both public policy and the media. From the broad debate on patient confidentiality and EPR use in MHTs, four subcategories that would particularly benefit from further assessment were identified.
Aims: This study aimed to contribute to a broader research project into the understanding EPR use within English Mental health trusts (MHTs). The current study aimed to assess four research questions on the following topics: 1) the security of EPR data, 2) the varied use in EPR systems across MHTs, 3) service user access to EPRs and 4) consent for the recording of their sensitive data.
Method: An archived data set collected in 2013 was used. This comprised of 50 responses to 51 MHT Freedom of Information Act officers, who were contacted to complete a 17 survey questions on behalf of their MHT. The data set had been partially analysed in 2014. The remaining data set, not yet assessed was found to be gathered on the four
The Data Protection Act (1998) requires that personal details and information must be kept secure and confidential. Confidentiality is necessary in any Health and Care Social setting because it maintains between the individuals and the organisation. An environment of trust encourages people to be open and honest with those who care for them. They provide all the details necessary so that they receive the best care possible. The employers are accountable to the regulators for protecting confidentiality .Preserving privacy and confidentiality is essential so that they do not risk the discipline of being struck off a professional register. Each member of the staff has a responsibility to ensure that the care record are accurate recorded. A clear information will aid patients to participate fully in decision making about their
Within the health and social care setting there are numerous peices of legislation and codes of practice designed to protect individuals.These are there to protect from breaches of confidentiality were the information held on that individual is only viewed by staff directly involved in their care.
It is also just as important to keep a confidentiality because of data protection legislation which enforces the rights of the individual to have their personal information protected (Legislation.gov.uk, 1998). So legally, healthcare professionals have a duty to protect the healthcare user’s personal information, at least to the legal minimum, or face proceedings. On top of this though, there is a further responsibility placed on the healthcare professional to respect the right of the user to their private life and beliefs. This is outlined by the NMC’s Code (2012) which reiterates the Data Protection Act, 1998 and further clarifies the lengths that healthcare professionals should go to ensure the healthcare user’s confidentiality and privacy is protected.
This act is vital to follow in a health and social care setting. The act controls how your persona information is used by organisations, businesses or the government. Information must be used fairy, lawfully and for limited, specifically stated purposes. It should be handled according to people’s data protection rights and be kept safe and secure. By protecting vulnerable adults, confidentiality is essential. If a service feels that they cannot express their feelings freely, without assurance or judgement that it will be in self-assurance, then patients may withhold necessary information that may be important to their recovery. Violating someone's confidence may also outcome in alternate conditions for the patient. For example, if the patient
Therefore every care practitioner should endeavour to promote theses rights when dealing with services users and their relatives. Furthermore, it is crucial for service users to understand that any information they give will be with strict confidentiality. It is a legal requirement for health and social care services to keep personal data confidential.
In the event of releasing any patient information it is important to make sure that all of your T’s are crossed and your I’s are dotted before the transaction is complete. However, because specialized patient records, such as Mental health or substance abuse cases, contain not only strictly medical information, but also therapeutic mental and emotional information, the release of this type of information could cause some damage to the patient (McWay, 2010, p. 227). This is why the release of information concerning this type of patient records is different from that of a patient record without delicate information in it.
Some data that might be considered sensitive is maybe if one had an illness that almost cost them their life or an injury or an accident or the death of a loved one due to illness. I do feel that this data should be shared differently. I feel like this type of data should have its own set of opt in and opt out system because this is data that could be very sensitive to a patient and should be treated with care. Although this data can be helpful in diagnosing problems or treatments, I feel that they should not be talked about casually if they are talked about, they should be spoken of with just the doctor and the patient and whomever else the patient wishes to hear the sensitive data and that is it. As long as this data is handled with care and not taken lightly, it will not be a problem.
This article has shown how different issues relating to patient privacy can be tricky. There is always the question about what the right thing is to do but there are laws and regulations
This assignment tries to explain the role Nursing and Midwifery Council plays in safeguarding the public and maintaining standard care within the UK. Establishing and maintaining standard rules and regulation and legislations which are there to safeguard people. In order to do that, the author will discuss how the MNC seeks to safeguarding the patients specifically restricting discussing on mental health by regulating mental health nursing. Key terminologies such as regulation and Mental Health Nursing, confidentiality, advocacy, person centered care, fitness to practice, accountability and whistleblowing will be considered and at the same time stating their significance in nursing profession. Furthermore the Author will briefly outline the responsibilities of the NMC and the code of practice. It will then look at by the Mental Health user’s duty to maintain confidentiality and what happen to a care worker if they break confidentiality. The author will then consider if the NMC has properly seek to protect the public or not and said which areas do they need to improve.
Dr. Kemp defines an electronic medical record (EMR) as “the digital version of a paper chart that contains all of a patients ' medical history from one practice” (Kemp, 2014). He also differentiates between the use of the term electronic medical record (EMR) and electronic health record (EHR). An EHR is more “comprehensive” than an EMR. It allows for data sharing across multiple practices. The use of both EMRs and EHRs has gained in notoriety in the last decade. And it appears that the use of these two terms is interchangeable. The idea of data sharing and having one’s health records at the click of a button is highly appealing. While there are several ethical implications to explore when dealing with computerized charting, the objective for this research review will focus primarily on three interesting concepts: autonomy, finance, and privacy, as it relates to information technology.
Security breaches of EMRs vary from someone without consent viewing the patient’s information, to a hacker using the information to steal one’s identity. According to Privacy Rights Clearing House, more than 260 million data breaches have occurred in the United States, including those of health related records. Approximately 12 percent of data breaches involve medical organizations (Gellman, 2012). According to Redspin, a provider of Health Insurance Portability and Accountability Act risk analysis and IT security assessment services, more than 6 million individual’s health records were compromised during a period from August 2009 and December 2010 (Author Unknown, 2010). A provision of the Health Information Technology for Economic and Clinical Health (HITECH) Act requires all breaches affecting 500 or more people to be reported to the Department of Health and Human Services. This reporting is to be accomplished within 60 days of discovery. The Redspin report covering the period above involved 225 breaches of protected health information. The amount of people with access to an individual’s health record creates concern with confidentiality. According to the Los Angeles
Earlier, the Health and Human Services Department, through its secretary proposed significant revisions to be made on various rules that govern patient’s confidentiality particularly in records for Substance Use Disorder. According to HHS, the changes were meant to facilitate easier and fast exchange of patients’ information from one system to another. I find it quite ironical how a system would claim to protect the privacy and confidentiality of a patient’s records while at the same time, sharing the information among several databases. I believe that confidentiality is one of the major ethical duties in any medical field. According to an article by EPIC dated April 12, 2016, the revisions would weaken the requirements
informed consent is impossible unless the decision makers have appropriate and relevant information. This means that patients must not only have access to information about proposed treatment modalities but also to their very own records. When these records are in EHR form, this means that they must have access to their EHRs as well. Service providers must structure their services in such a way as to accommodate newly emerging patient rights [3].
Confidentiality and privacy are hallmarks of health care in Ontario. A person’s health information belongs to that person and they have a right to consent to the use, collection and disclosure of that information, with limited exceptions. They also have the right to access their personal health information. Most people are very concerned about their privacy, especially when it comes to matters of their health. Moreover, privacy and confidentiality are cornerstones of establishing trust in the therapeutic relationship between the practitioner and the patient/client. This includes keeping any other personal information about a patient/client confidential. A patient/client who can trust that his/her personal health information is being protected is more likely to provide a complete health history, which would enable more effective treatment (CKO, 2013).
The correlation of increased potential patient rights violations and sensitive personal health data among electronic medical records than paper records is growing at an alarming rate. An estimated 52,000 public comments was reviewed by the Department of Health and Human Services requiring privacy regulations governing individually identifiable health information since the passage of Health Insurance Portability and Accountability Act of 1966 (HIPPA). The individually identifiable health information includes demographic data that relates to the individuals past, present, or future physical or mental health condition. In addition, the provision of health care rights of the individual, confidentiality, protection of