Vol. 17 No. 10 October 2008 —InSIDE— Medical errors Discover how to meet the emotional needs of staff members after a medical error on p. 4. Recruitment and retention Use these new recruitment and retention ideas for staff development on p. 7. Use HIPAA when safeguarding PHI Secure protected health information by complying with HIPAA electronic health record standards on p. 8. Avoid patient disparities A Joint Commission report finds a link between patient demographics and quality of care on p. 9. Medical identity theft Educate your staff to protect patients and your facility from the challenges of medical identity theft on p. 11. Do you know? Do you know which systems are most widely used for sleep labs? If you had read “RCM Talk” in August, you would have gotten some input. Get on board today by sending an e-mail to [email protected]. If you’ve already signed up, post a message to rcm_talk@ hcprotalk.com. Visit the online store of HCPro, Inc., RCM’s publisher, for daily discounts and specials. The address is www.hcmarketplace.com. New research suggests RFID devices could interfere with ICU gear A study and accompanying editorial in the June 25 Journal of the American Medical Association (JAMA) found that radio-frequency ID (RFID) devices can interfere with critical ICU gear and possibly put patients in danger. about potential hazards in your ICU that might warrant investigation. RFID is a common technology that transmits radio waves and is used for ID badges and medical equipment tracking. That risk is doubled if your hospital is planning to purchase a new RFID system. Find out whether it’s possible to perform testing before you buy the equipment or try to get confirmation from the manufacturer that it won’t, for example, throw your facility’s brand of ventilators out of whack. Although it’s unlikely that your gear is in immediate danger from RFID devices, the research is a warning Battle royal in the air The JAMA research reinforces > p. 2 the idea that hospitals California hospital team takes on VTE Patients with venous thromboembolism, which includes deep vein thrombosis and pulmonary embolism, account for 600,000 hospitalizations and 200,000 fatalities each year, the National Quality Forum estimates. A three-year study led by Greg Maynard, MD, MS, a clinical professor of medicine and division chief of hospital medicine at the University of California San Diego (UCSD) Medical Center, has made waves in reducing this number. Not only did Maynard and his team analyze years of data about deep vein thrombosis (DVT) and pulmonary embolism (PE), but they also developed a mentor program and toolkit to help other facilities combat venous thromboembolism (VTE). “It really started out of recognition that DVT is a national problem, and it’s been shown that there are proven pharmacological measures that are underutilized,” Maynard says. The National Quality Forum (NQF) estimates that less than 50% of patients diagnosed with DVT receive appropriate prophylaxis. UCSD Medical Center had a similar prophylaxis rate when it applied to be a part of a grant from the Agency for Healthcare Research and Quality (AHRQ) in 2005. > p. 3 www.hcpro.com RFID devices < p. 1 should designate people to track devices releasing signals in the airwaves, said John Collins, FASHE, HFDP, engineering and compliance director at the American Society for Healthcare Engineering. In a corresponding editorial in JAMA, Donald Berwick MD, MPP, FRCP, president of the Institute for Healthcare Improvement in Cambridge, MA, wrote that it’s not yet time to discard RFID devices. “Outside the hospital, the [government] rules the airwaves,” Collins said. “When stuff comes inside the hospital, it’s a free-for-all … The more products that come into the hospital, the more possibility that there may be a problem.” Instead, hospitals need to promote safety and define the local hazards to their hospital environments. That would include testing RFID devices before introducing them in the ICU—employing failure modes and effects analysis—with the understanding that manufacturers develop RFID systems in isolation, far from your hospital where many devices are already broadcasting signals, Berwick said. Collins likened the concern to having a conversation at a party: When it’s only a few people, you can talk with another person at a normal volume. As more people enter the room and the ambient noise level increases, you need to raise your voice to compensate. At some point, you typically must watch the other person for visual clues in addition to listening to continue the conversation. “Even though a lot of this [electronic equipment] is low power, it all contributes to a noise level to the point where a device is going to have to generate a little more power to communicate,” Collins said. Study measures interference In the JAMA study, researchers tested two particular brands of RFID tags near 41 medical devices (e.g., defibrillators, dialysis machines, cardiopulmonary bypass devices, and pacemakers). In 123 laboratory tests, they catalogued 34 incidents of interference, with 22 of them classified as hazardous enough to harm a patient. The Dutch Ministry of Health funded the study, which was conducted at the 1,002-bed University of Amsterdam Academic Medical Centre and led by researcher Remko van der Togt, MSc. “The intensity of electronic life-supporting medical devices in this area requires careful management of the introduction of new wireless communications, such as RFID,” van der Togt and his colleagues wrote. He also called for manufacturers to perform more extensive safety testing to determine how their gear interacts with other equipment and to design better ways to shield vulnerable equipment from offending RFID waves. Outside prompting could help Hospitals shouldn’t necessarily be solely responsible for pressuring manufacturers, Berwick said. Regulators could provide an additional push and should eventually determine how RFID devices, cell phones, Bluetooth devices, wireless computers, and PDAs interact. Neither Collins nor Berwick support bans of RFID devices; instead, they advocate watching their interactions and taking action when interference is demonstrated. “Any technology you introduce—even if it’s designed to do something good, which they all are—always brings new forms of hazards or errors with them,” Berwick said. He suggested safety managers meet with ICU physicians and nurses, hospital engineers, and facility directors to discuss interference issues they’ve seen and means of testing gear for potential hazards. “This calls for multidisciplinary conversation and study, in which no one person is going to have all the information they need,” Berwick said. “The safety manager should be the convener [of the meeting].” Cataloging known issues and near misses over time could reveal patterns of interference, Collins said. ■ For permission to reproduce part or all of this newsletter for external distribution or use in educational packets, please contact the Copyright Clearance Center at www.copyright.com or 978/750-8400. Page © 2008 HCPro, Inc. Respiratory Care Manager—October 2008 www.hcpro.com VTE < p. 1 Part of the goal of applying to the AHRQ was to create a toolkit that other hospitals could use. To achieve this, Maynard had to first fashion a risk assessment system that was different from the existing pointbased systems requiring addition. So Maynard and his colleagues created a “bucket” model that separated all inpatients into three categories: low, medium, and high. Each bucket was linked to a certain level of prophylaxis, and every inpatient was given a risk assessment at admission. This model was built into the computerized physician order entry system, allowing caregivers to see what the appropriate level of prophylaxis was for each risk level. “Our model had a high level of reliability and agreement,” Maynard says. “It also monitored effectiveness of how often patients are getting appropriate prophylaxis.” Gathering the data Maynard’s team started collecting data on every case of DVT and PE at UCSD Hillcrest, a 300-bed hospital, between 2005 and 2006 using the risk assessment model. Two main methods were employed: digital scans and random sampling. Inpatient digital reports were scanned each day for DVT. Any positive outcomes were followed up to see whether any clots present were community- or hospital-acquired. Those who had hospital-acquired VTE and had followed the suggested prophylaxis regimen were considered preventable cases. Additionally, each day, patients were chosen at random to monitor for 48 hours to see whether they were on appropriate VTE prophylaxis and had been adequately assessed. During the early stages of the program, UCSD Medical Center’s rate of adequate prophylaxis hovered around 55%. Maynard says it took another year to get that number up to 70%. The first year was spent educating staff members about the initiative. Next, the risk assessment model was incorporated into an order set so that every patient admitted got evaluated, which helped raise the adequate prophylaxis rate to 90%. “But what about that 10% not on adequate prophylaxis?” Maynard says. “After we started getting reports of who was not on prophylaxis that should be and had a smaller pool, we asked the nurses to help us.” The nurses prompted doctors to evaluate the remaining patients for DVT and PE and give the correct prophylaxis. Since mid-2007, the adequate prophylaxis rate has been approximately 98%. The NQF recently endorsed a new set of consensus standards for hospitals, which include 48 new standards, six of which address VTE. This is the second set of standards that have been endorsed. The first set from 2006 had two VTE performance measures. “NQF is suggesting that all patients should be evaluated, based on the number of risk factors there are and the fact that most patients who come into the hospital will have one or more of those risk factors,” says Melinda Murphy, RN, MS, CNA, a consultant at the NQF who has been working on the VTE project since 2005. A toolkit and a mentoring program One of the outcomes of UCSD Medical Center’s VTE project is direction for other facilities that need help setting up a program. As the first recipient of the Society of Hospital Medicine’s (SHM) Team Approaches in Quality Improvement Award, Maynard’s team has worked with the SHM to publish a toolkit and mentoring program on the SHM Web site. To date, the VTE Prevention Collaborative (the mentoring program) has 30 sites with longitudinal interaction. Hospitals that sign up for the program are provided mentors to reinforce via phone the concepts posted to the SHM Web site, and they receive instructions on successful implementation for more than one year from Maynard and his team. ■ Editor’s note: Go to http://tinyurl.com/6bhzj3 to visit the SHM’s VTE Prevention Collaborative Web site. For permission to reproduce part or all of this newsletter for external distribution or use in educational packets, please contact the Copyright Clearance Center at www.copyright.com or 978/750-8400. Respiratory Care Manager—October 2008 © 2008 HCPro, Inc. Page www.hcpro.com The second victim: Help staff members after a medical error with peer-support programs and education It has been almost a decade since Linda Kenney went into surgery to have her ankle replaced and ended up going into cardiac arrest and having her chest opened. Since then, she’s handled a range of emotions, from shock to depression to thankfulness for being alive. It wasn’t until she had made it through the seemingly impossible first year after the incident that she began to consider how those involved in her case might be feeling. Kenney’s specific case involved an error during anesthesia. “I was thinking, ‘If I’m this emotionally distraught, I can just imagine how [the anesthesiologist] must be feeling,’ ” she says, adding that her medical error was barely discussed with her while she was in the hospital, highlighting the stigma regarding such events. In 2002, Kenney founded a support group, Medically Induced Trauma Support Services (MITSS), due to the lack of support for all parties involved in medical errors. Part of what MITSS does is provide support to caregivers who have been involved in a medical error or near-miss event. “In the beginning, I was focused on patients and families, but I kept hearing from [hospital staff members], and they are equally isolated and alone,” Kenney says. As an industry, healthcare has stressed personal responsibility for patient care. It has only been in the past few years that the idea of supporting staff members involved in an error or near-miss event has even been discussed. Thomas Gallagher, MD, associate professor of medicine at the University of Washington, says this idea of personal responsibility has led to today’s unsupportive attitude toward those staff members involved in a medical error. “The implication is, if you’re acting in the patient’s best interest, you wouldn’t do anything to harm them,” Gallagher says. “If you did make a mistake, somehow this was a breach of your professional duty. At the same time, there was a professional ethos that developed that the physician was the unruffled professional who can handle any stressful situation. So this means that as a doctor, you shouldn’t make mistakes and, if you do, you should just let them bounce off of you.” The toll errors can take on staffs Gallagher has coauthored several reports on this topic, including an Agency for Healthcare Research and Quality–commissioned study that appeared in The Joint Commission’s August 2007 Journal on Quality and Patient Safety article, “The Emotional Impact of Medical Errors on Practicing Physicians in the United States and Canada,” and another article, “Supporting Health Care Workers After Medical Error: Considerations for Health Care Leaders,” which appeared in the May Journal of Clinical Outcomes Management. In his studies, Gallagher has uncovered some interesting statistics. For example, after being involved in an error, many caregivers report feeling self-doubt (96%), disappointment (93%), self-blame (86%), shame (54%), and fear (50%). Caregivers expressed the need to talk to someone about the mistake (63%), reaffirm their competence (59%), validate their decision-making processes (48%), and reassure their self-worth (30%). Ninety percent of caregivers say there is inadequate support available to them after an error has occurred. More than 33% of caregivers involved with a near-miss event reported that errors had negatively affected their anxiety about future errors, professional confidence, job satisfaction, and their ability to sleep. Gallagher says many of these statistics were brought to light from the Institute of Medicine’s 1999 publication, To Err is Human. “The fact is, errors are distressing for healthcare workers,” Gallagher says. “We’ve known that for a long time. I don’t think if you asked someone if errors bugged them 10–20 years ago that they would say no, but there was not a lot of conversation about providing support for physicians.” For permission to reproduce part or all of this newsletter for external distribution or use in educational packets, please contact the Copyright Clearance Center at www.copyright.com or 978/750-8400. Page © 2008 HCPro, Inc. Respiratory Care Manager—October 2008 www.hcpro.com Today, the focus is on moving away from a culture of blame, which may be the correct thing to do. However, it creates a conundrum, Gallagher says. If errors are due to a system breakdown and not personal responsibility, that leaves little room for acknowledging the need for physician support after an error. Sigall Bell, MD, an instructor of medicine at Harvard Medical School and staff physician at Beth Israel Deaconess Medical Center (BIDMC) in the division of infectious diseases in Boston, has found in her research that errors are usually the result of systems malfunctioning and providers making mistakes. It’s important to create a system that addresses these issues. “I think if you’re going to be comprehensive in your approach, you need to have mechanisms to address both,” Bell says. “There are a lot of ways to recognize the benefits to providing support to [staff members]. If you have formalized methods to support them after an error and provide a forum for normalizing discussions to these errors, promoting a nonpunitive culture will facilitate these discussions. Sometimes, you just need to give [staff members] permission to talk about their experiences.” Providing support improves patient safety Bell says she has found a parallel between the feelings of the patients and families who have been the victims of medical errors and the feelings of those involved. These sentiments are manifested in guilt, fear, and isolation. “When you take a step back, in the aftermath of an error, the [caregiver] is going through exactly the same things [as the patient]— they feel horribly guilty about the harm caused to the patient and family, they feel extremely fearful about what this will mean for their license, job, reputation, respect from colleagues, never mind litigation. And then if a caregiver feels so isolated that they can’t talk about it to their colleagues and others in the hospital, it can be extremely damaging,” Bell says. workers experiencing unmet distress after an error won’t be providing the best care to their patients. So the idea is that to really be a safe and effective [caregiver], you need support after an error.” If providers are given the proper support and don’t feel guilty about being involved in a medical error, they are more likely to discuss any future errors they might be involved in, says Steven Parker, MD, WebMD’s pediatric and parenting expert and a professor at Boston University’s School of Medicine. “Also, being able to talk about errors will make [staff members] less likely to make future mistakes because they will have learned from a process that is nonthreatening and as supportive as possible,” Parker says. “It’s much easier to go forward and change your practice, admit you made a mistake, and not do it again if you’re not constantly defensive about it and feeling guilty.” When Parker was a resident more than 30 years ago, he had an intern who was involved in a near-miss situation. That experience helped Parker see how poorly supported caregivers were at that time. He says it also helped him realize that those involved in a near miss or medical error shouldn’t have to ask for help; it must be part of the system, not a makeshift situation. “The elephant in the room is the fear of lawsuits, and that’s a hard one,” Parker says. “Maybe admitting your error will cause you to be sued but, in the long run, many patients don’t get as mad when you have disclosed, aside from the fact it’s the right thing to do ethically.” Gallagher makes a case for support by making the connection to patient safety. Creating a safe space to talk about errors Being sued for malpractice is one of many caregivers’ biggest fears. When facilitating support for caregivers, it is vital to enforce the notion that anything said to a counselor or psychologist is something that will be kept private. Many involved in a medical error might want to discuss it with colleagues but don’t for fear of implicating themselves. “There’s not any empiric evidence yet—the correlations are more theoretical,” Gallagher says. “Healthcare “The peer support model is very effective,” Kenney > p. 6 says. She references a pilot program MITSS For permission to reproduce part or all of this newsletter for external distribution or use in educational packets, please contact the Copyright Clearance Center at www.copyright.com or 978/750-8400. Respiratory Care Manager—October 2008 © 2008 HCPro, Inc. Page www.hcpro.com Medical error < p. 5 helped create with Brigham and Women’s Hospital in Boston that involves self-identification. “One peer says, ‘There has been an incident,’ and there is already a system in place so that another peer can trigger the leaders to step up and acknowledge that there is a need to support the staff member involved,” she says. Gathering input for support systems Gallagher recommends that facilities trying to begin their support program start by engaging their staff members. It’s important to get their opinions about what the current support system comprises. “One of the key steps is to have conversations [with everyone] about the current state of affairs and what they think should be included in an effective support system,” Gallagher says. “Without this, your program is not likely to be successful.” Leadership needs to embrace the concept to show true commitment, he adds. Kenney, who receives calls from hospitals nationwide about support needs, says she often sees hospitals rushing to create a support system for staff members before having an adequate disclosure system in place. Including an education component is key Education is perhaps the most critical part of creating a support system for caregivers, Bell says. Learning how to disclose an error is a major part of working in a healthcare facility today. She says training on how to respond to a medical error should begin in the earliest years of medical school. When surveyed, 85%–90% of medical school students said they have at least observed a medical error, Bell says. “It’s a little bit of operating in a vacuum if those same students are not equipped with the tools and knowledge about how to best orchestrate a response in that setting,” she explains. It’s not only students who should be educated, but all caregivers. Each staff member interacts with patients in a different way. Bell recommends that disclosure training should be a part of every new-employee orientation. In addition, this training should be interactive, perhaps using role-playing rather than simply lecturing to students and staff members, she says. BIDMC has taken this approach with its staff members and has garnered favorable reactions. “The very notion of the education needs to be a leveler in the sense that we’re all in this together, we’re all committed to a policy of open disclosure, and we’re all here to support each other. And education plays that role as linking everyone together,” Bell says. Wellpoint to stop paying for 11 preventable errors Following in the footsteps of CMS, Wellpoint, one of the country’s largest health insurers, will stop paying for 11 medical errors that it considers preventable in October. CMS announced in 2007 that it will also not pay for certain preventable errors starting in October. Wellpoint, which insures 35 million people nationally, has decided to start with the same list that CMS is using. This includes not paying for three types of surgical errors: wrong-site surgery, wrong-patient surgery, and the wrong type of surgery on the correct patient. The list also includes eight events for which Wellpoint will not pay additional costs if any of these errors occur. These events are: • Objects left in the body postsurgery • Air embolisms • Blood incompatibility • Catheter-associated bloodstream infections • Pressure ulcers • Vascular catheter–associated infections • Chest infections after coronary artery bypass graft surgery • Injuries resulting from hospital care Wellpoint’s decision to no longer pay for these medical errors could be a sign of what is to come from other insurers around the nation. ■ For permission to reproduce part or all of this newsletter for external distribution or use in educational packets, please contact the Copyright Clearance Center at www.copyright.com or 978/750-8400. Page © 2008 HCPro, Inc. Respiratory Care Manager—October 2008 www.hcpro.com The changing face of recruitment and retention Respiratory care managers spend a lot of time predicting and planning for the future, but there are more problems than solutions in hiring and retaining employees. To retain RTs, hospitals must be places where people want to work. But it is difficult defining what those hospitals will look like. Most experts agree that recruiting and retaining enough employees will take a lot of change—something that healthcare isn’t always good at. So respiratory care managers need to change the way they look at staffing. Making it a point to talk about people—and not just systems and processes—might be a good place to start. Many healthcare professionals have changed the way they talk about their staff members and how they hire. The following statements are likely to be heard today by a facility’s recruitment team: • “We don’t own our employees.” Gone are the days when facilities could cage their staff members in one place because they feared another facility would steal them. Today, smart facilities have learned that they don’t own their staff; so if they don’t offer experience and learning opportunities, other organizations will. Some hospitals are offering their RTs travel and job-sharing opportunities. For example, hospitals in cold-weather regions might allow RTs to travel to Florida for the winter months, then return to their jobs in the spring. Or if a good employee at a community hospital leave to try a job at a larger tertiary system, the community hospital might leave the door open for that employee to return. • “They don’t always have to be RTs.” How many caregivers does it take to run a hospital? It sounds like the start of a bad joke, but some organizations have discovered that they don’t need as many RTs as they once thought. Forward-thinking hospitals are using assistants, other staff members, and even family to take on roles that don’t require a degree. • “Newspaper want ads don’t work.” Your next good employee isn’t sitting home with a newspaper and a highlighter. Today’s candidates are online, on social networks such as Facebook, and writing blogs, so that’s where your want ads should be. • “Sign-on bonuses are a temporary fix.” Often, when hiring becomes difficult, someone will say, “What about sign-on bonuses?” But sign-on bonuses are only a temporary solution to recruitment and retention needs, and they often annoy other employees. If you want to attract good employees, pitch your facility’s learning opportunities. • “Turnover is good.” CEOs don’t want to retain just anybody—even when faced with shortages— so they’re committed to hiring only good employees and weeding out bad ones. They’ll even hire the right person who has no experience before they’ll hire the wrong person who has an impressive resume. • “Who cares about the hospital next door?” It’s no longer enough simply to emulate the hospital next door when finding and keeping good employees. If you want recruitment and retention to be effective, they must be based on the best practices out there, regardless of whether they’re found in healthcare. That is where many work force changes are coming from. ■ Illustration by David Harbaugh “Obviously, you’re not ready for primetime smoking cessation.” For permission to reproduce part or all of this newsletter for external distribution or use in educational packets, please contact the Copyright Clearance Center at www.copyright.com or 978/750-8400. Respiratory Care Manager—October 2008 © 2008 HCPro, Inc. Page www.hcpro.com Make your EHRs comply with HIPAA standards If you’ve decided to start using electronic records at your facility, you’ve probably spent hours researching which software program to purchase and thinking about how to train your staff. But how much time have you dedicated to making sure the protected health information (PHI) that will be stored in those records is secure? To comply with the HIPAA security rule, providers need to establish safeguards to protect PHI from breaches, such as hackers or unauthorized personnel accessing PHI. If you don’t invest the time up front to make sure that the PHI in your electronic records is secure, you could be exposing yourself to government fines, lawsuits, and embarrassing public disclosures in the future. “As time-consuming as it may be, someone really needs to sit down and put the minimum requirements in place that are required by the security rule,” says Helen Oscislawski, an attorney at Fox Rothschild, LLP, in Princeton, NJ, who has developed several HIPAA assessment tools, checklists, and policies. Understanding PHI Without getting into the technical or legal definition, PHI is any information that would allow the viewer to identify or know confidential information about an individual, says Darice Grzybowski, MA, RHIA, FAHIMA, president of HIMentors, LLC. Names, medical record numbers, and Social Security numbers—any self-identifying data—would be considered PHI. The HIPAA security rule applies only to electronic PHI, or ePHI, which also includes e-mails, Oscislawski says, noting that the security rule doesn’t extend to paper records. How to protect PHI The security rule identifies the minimum safeguards that need to be in place to secure PHI. The ideal time to begin addressing security issues with electronic records is before you start using a new system, Grzybowski says. She recommends that providers who are responsible for protecting PHI take three key actions to do a better job of securing PHI in an electronic health record (EHR) environment: • Make sure you have an up-to-date legal health record inventory completed to understand where all medical record documentation, or PHI, is maintained in your facility. • Ensure that clinical information can be accessed on a need-to-know basis only. This means that only the relevant providers should have access to clinical information. Create a bypass key for emergency access to records, which leaves a trail you can audit to determine whether accessing the record was appropriate. • Handle external release of information in a centralized manner, and use trial logs to make sure information has been accessed appropriately. Don’t go it alone A common mistake providers who handle PHI make is to assume that family members can access the health records of a loved one without authorization, Grzybowksi says. “The rules of access can be quite complex and should always be referred to a health information management expert for proper release procedures,” she says. If you’re not familiar or comfortable with implementing data safeguards, Oscislawski recommends hiring a consultant or an attorney to help you comply with HIPAA and other security standards. Consequences of not securing PHI Failing to secure PHI can have major repercussions. In July, the U.S. Department of Health and Human Services (HHS) entered what it called a resolution agreement with Seattle-based Providence Health & Services. Providence was required to pay HHS $100,000 after the unencrypted PHI from more than 386,000 patients within the Providence health system was lost or stolen. The health system, which was required to safeguard For permission to reproduce part or all of this newsletter for external distribution or use in educational packets, please contact the Copyright Clearance Center at www.copyright.com or 978/750-8400. Page © 2008 HCPro, Inc. Respiratory Care Manager—October 2008 www.hcpro.com that information under HIPAA, also had to agree to a corrective plan of action to make sure that PHI stored in its electronic records system will be protected in the future, according to HHS. In addition to HIPAA requirements, more than 30 states have security breach notification laws that generally require that individuals be notified if protected information, which includes PHI, has been accessed inappropriately. If you fail to secure a patient’s PHI and the patient can prove he or she has suffered damages as a result, you could be sued for negligence, Oscislawski says. Another consequence of a breach of PHI is the bad publicity the event generates. “You don’t want to have that headline, because you lose potential customer trust and it’s bad for business,” Oscislawski says. Although enforcement against providers who have not secured PHI properly has been relatively rare at this point—the Providence case was the first time HHS entered a resolution agreement—that doesn’t mean there won’t be more enforcement, Oscislawski says, adding that as the healthcare community begins to build the infrastructure for electronic records, there will be more enforcement action in the future to make sure those records are being protected. “As we move toward using EHRs in the future, there’s going to be more focus on making sure the individuals that are handling them are keeping them safe,” Oscislawski says. ■ Experts urge hospitals to identify healthcare disparities A report released by The Joint Commission calls on hospitals to improve patient care by eliminating racial and ethnic disparities. In April, The Joint Commission (formerly JCAHO) released One Size Does Not Fit All: Meeting the Needs of a Diverse Population, a report that found that “racial and ethnic disparities are linked to poorer health outcomes and lower quality care.” This report is one of a few recent efforts that aim to decrease racial and cultural disparities in patient care by informing healthcare providers of the importance of cultural and geographical awareness and its connection to patient safety. The report is structured on four themes: • Building a foundation • Collecting and using data • Accommodating the specific needs of patient populations • Creating internal and external collaboration As hospitals become more aware of the relationship between patient safety and patient demographics, experts say there is urgency for policies to be put into place so all patients are getting the care they deserve. “[Patient demographics] should be part of patient safety. It shouldn’t happen on the side,” says Romana Hasnain-Wynia, PhD, director for healthcare equity and associate professor at Northwestern University’s Feinberg School of Medicine in Chicago. Hasnain-Wynia also served as a project advisor and reviewer for the Joint Commission report. Part of providing the best quality of care is to understand patient backgrounds, she says. The Joint Commission report discusses the importance of understanding patients’ cultures without resorting to stereotypes. “You can’t simply fix disparities; then everyone gets poor quality care,” says Jonathan Skinner, PhD, professor of community and family medicine at Dartmouth Institute for Health Policy and Clinical Practice in Hanover, NH. “Instead, set quality care at 100% for all races.” Skinner and the Dartmouth Institute were involved in the early stages of research of the Robert Wood Johnson Foundation (RWJF) initiative, “Aligning Forces for Quality,” which in June announced a $300 million grant designed to reduce significant regional and ethnic care disparities in the United States by targeting 14 U.S. communities. The researchers behind > p. 10 For permission to reproduce part or all of this newsletter for external distribution or use in educational packets, please contact the Copyright Clearance Center at www.copyright.com or 978/750-8400. Respiratory Care Manager—October 2008 © 2008 HCPro, Inc. Page www.hcpro.com Disparities < p. 9 this grant examined Medicare claims for evidence of racial and geographic disparities and found that both were prevalent. The best way to begin to reduce regional and ethnic disparities in healthcare is to treat patients like customers, Skinner says. Facilities can do this by getting feedback from patients and setting standards to fix these problems. Findings: Minorities often receive poorer care The Agency for Healthcare Research and Quality and the Healthcare Cost and Utilization Project released Racial and Ethnic Disparities in Hospital Patient Safety Events, 2005 in June. The report found that: • Asian-Pacific Islanders had worse rates than whites for nine of the 14 patient safety indicators included in the report • Blacks, compared to whites, had higher rates of hospital complications and adverse events for five of the 14 patient safety indicators • Among Hispanics, only two of the 14 measures were worse than the rates among whites • In all but two states, black diabetics were less likely than whites to receive annual hemoglobin testing • Blacks with diabetes or vascular disease are nearly five times more likely than whites to have a leg amputated • Women in Michigan are far less likely to have mammograms than women in Maine The importance of physician education Education needs to occur at all levels and should happen early, says Elizabeth Jacobs, MD, MPP, associate professor of medicine at Rush Medical College/Cook County Hospital in Chicago and one of the lead advisors for One Size Does Not Fit All. Jacobs trains medical students, residents, and faculty members on this topic. Jacobs says she believes the best way to do this is through observation and discussion. She has students talk about encounters in which there were language or cultural barriers, which typically leads to teaching points. She has been educating medical students on the cultural, linguistic, and racial needs of patients for 15 years and says she’s seen improvement in organizations, but there’s still a long way to go. “I think it’s definitely becoming something people are addressing more, but not a lot of hospitals recognize it,” she says. Those hospitals that recognize the problem might not know how to create or implement a plan. Effective communication methods are also essential to creating good educational programs about cultural and racial disparities in healthcare, Hasnain-Wynia says. Skinner says he would like to see more facilities discuss disparities in their own institutions. “Let’s identify hospitals that seem to be showing inadequate rates for blacks and whites and see why this is going on,” he says. “There needs to be more research on the why, and then look at how we can change it.” Resources to help lower disparities in care For hospitals that want to improve patient safety by addressing the needs of diverse populations, there are resources available to get them started. The Health Research and Educational Trust Toolkit team has released a free Web-based toolkit that provides hospitals with information and resources for collecting race, ethnicity, and language data from patients, which can be found at www.hretdisparities.org. Hasnain-Wynia was part of the project team that developed the toolkit, which contains tips about how to collect data, how to ask patients questions, methods for staff training, ways to garner community involvement, and other features. “The strongest programs engage in true dialogue with the community in what their needs are and how they can facilitate providing care,” Hasnain-Wynia says. The Joint Commission’s report also showcases a selfassessment tool that facilities can use to incorporate cultural issues into patient care. This tool provides the questions to facilities that are starting to create policies. Visit www.jointcommission.org to read the Joint Commission report. ■ For permission to reproduce part or all of this newsletter for external distribution or use in educational packets, please contact the Copyright Clearance Center at www.copyright.com or 978/750-8400. Page 10 © 2008 HCPro, Inc. Respiratory Care Manager—October 2008 www.hcpro.com Dealing with the challenge of medical identity theft Traditional identity theft is a familiar problem in the United States. Victims of identity theft brace for its effect on their finances and credit ratings. they might hack into electronic health information systems and take advantage of employee error or misconduct. Medical identity theft is less well-known, but it is just as problematic for patients, facilities, and insurers. There haven’t been a substantial number of criminal cases involving healthcare staff members who intentionally commit medical identity theft, Roach says. Protecting against medical identity theft is a tall order for overburdened and understaffed facilities, but its importance can’t be overstated. Medical identity theft has significant short- and long-term implications for everyone involved, so educating staff members is essential. Generally, medical identity theft occurs when staff members inadvertently publish PHI—employee error being far more common than intentional misconduct. Defining medical identity theft Medical identity theft is “the theft of any information that is personally identifiable with a patient,” says William H. Roach Jr., MS, JD, a partner at McDermott Will & Emery, LLP, in Chicago. “HIPAA defines protected health information [PHI] to include many identifiers, the theft of any of which I would consider medical identity theft,” Roach says. Chris Apgar, CISSP, president of Apgar & Associates in Portland, OR, explains that identity theft is: The theft of medical information that is used for the gain of another, specifically to fraudulently obtain medical treatment or treatment-related medication (such as individuals seeking drugs for recreational/abuse purposes), obtain medical treatment and avoid paying for treatment, use medical identity to obtain insurance coverage (generally individual) that could not otherwise be obtained or would be too expensive because of a preexisting condition, and to hide a medical condition that may prohibit seeking certain types of employment (such as pilot, police officer, etc.). Traditional identity theft more often refers to the theft of a Social Security number with the intent to commit fraud, Roach says. Perpetrators of medical identity theft use several methods to steal patient information. For example, However, the potential for medical identity theft to occur as the result of malicious intent exists, and it is a huge risk for providers, Roach says. “As more covered providers move to electronic health records for their patients, the risks of inadvertent disclosures and of intentional theft of information increase,” he says. Why you should be concerned A hospital’s ultimate concerns are its reputation and its bottom line. Medical identity theft can adversely affect both. For example, a facility might inadvertently provide services to someone using a false identity and have little chance of receiving reimbursement for them. And reconciling illegitimate medical records created as a result of a theft means more headaches. Further, affected patients face a long, difficult road as they try to restore their credit history. And the hospital—particularly if it is directly at fault—faces a PR nightmare. “The theft of any protected health information, whether it is personal identifiers, health information, or financial information, is a serious problem for providers subject to HIPAA and state health information laws, both of which carry legal sanctions,” Roach says. If a disclosure leads directly to a case of stolen identity, immediate action—such as revisiting and rewriting current privacy policies pertaining to patient identification—is necessary to prevent further unlawful disclosures. Facilities should also contact > p. 12 For permission to reproduce part or all of this newsletter for external distribution or use in educational packets, please contact the Copyright Clearance Center at www.copyright.com or 978/750-8400. Respiratory Care Manager—October 2008 © 2008 HCPro, Inc. Page 11 www.hcpro.com Identity theft < p. 11 their legal counsel for advice on the best method of notifying affected patients, Roach says. The real victim Your organization will face problems if it experiences a breach that leads to medical identity theft for one or more of your patients. But they, not you, are the real victims. Apgar says a victim of identity theft could face the following problems: • Civil and criminal action if an insurance company attempts to collect bad debt associated with fraudulently obtained medical treatment and/or fraudulent claims payment. • Labeling as an individual who demonstrates drugseeking behavior. • Creation of a medical record that is incorrectly associated with the patient. The false record could include conditions that cause problems with respect to obtaining coverage. • Employment discrimination if certain conditions that can stigmatize their victims, such as alcohol and/or chemical dependency and mental illness, incorrectly become part of a patient’s medical record. What you can do Facilities should consider adopting the following big-picture strategies to minimize the likelihood that medical identity theft will affect their organizations: • Initiate comprehensive training that explains what medical identity theft is and the extent of potential damage to affected hospitals and victimized patients • Conduct routine reviews of employee performance to discover potential wrongdoing • Reinforce an internal culture of compliance that originates with the board of directors and CEO Training should focus on fine-tuning patient identification tasks that staff members already perform. Teach your staff to recognize potential warning signs, such as a frequent visitor who uses different names, and to report suspicious situations to administration. ■ Editorial Advisory Board Contributing Editor: Peg Behan, MPA, RRT, RCP Cardiopulmonary Supervisor Dominican Santa Cruz Hospital Santa Cruz, CA George G. Burton, MD Medical Director, Respiratory Services Kettering Medical Center Kettering, OH Bob Demers, RRT Demers Consulting Services Carmel, CA Allan Saposnick, RRT, MS, FAARC President, ABSCO Enterprises Respiratory/Homecare Consultants Newtown Square, PA Judy Tietsort, RN, RRT, FAARC Respiratory Consultant MediServe Information Systems Tempe, AZ Dave Walsh, RRT DRW & Associates, Inc. Chicago, IL How may we help you? For news and story ideas: Contact Associate Editor Emily Beaver • Phone: 781/639-1872, Ext. 3406 • Mail: 200 Hoods Lane, Marblehead, MA 01945 • E-mail: [email protected] • Fax: 781/639-2982 Executive Editor, Elizabeth Petersen Group Publisher, Emily Sheahan Web site resources: • To get the latest breaking news, visit www.hcpro.com • For free resources available from HCPro, please visit www.hcmarketplace.com/free.cfm Paul Mathews, PhD, RRT, FCCM Associate Professor of Respiratory Care and Physical Therapy Education University of Kansas Medical Center Kansas City, KS Subscriber services and back issues: For back issues, billing questions, or permission to reproduce any part of RCM, please call our customer service department at 800/650-6787. Respiratory Care Manager (ISSN: 1076-6030) is published monthly by HCPro, Inc., 200 Hoods Lane, Marblehead, MA 01945. • Copyright © 2008 HCPro, Inc. All rights reserved. Printed in the USA. Except where specifically encouraged, no part of this publication may be reproduced, in any form or by any means, without prior written consent of HCPro or the Copyright Clearance Center at 978/750-8400. Please notify us immediately if you have received an unauthorized copy. • For editorial comments or questions, call 781/639-1872 or fax 781/639-2982. • Visit our Web site at www.hcpro.com. • Occasionally, we make our subscriber list available to selected companies/vendors. If you do not wish to be included on this mailing list, please write to the marketing department at the address above. • Opinions expressed are not necessarily those of RCM. Mention of products and services does not constitute endorsement. Advice given is general, and readers should consult professional counsel for specific legal, ethical, or clinical questions. For permission to reproduce part or all of this newsletter for external distribution or use in educational packets, please contact the Copyright Clearance Center at www.copyright.com or 978/750-8400. Page 12 © 2008 HCPro, Inc. Respiratory Care Manager—October 2008
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