Patient Confidentiality – What about cell phones and other PDAs?

For Immediate Release: 5/5/2010

• HIPAA Privacy and Security regulations have become more stringent under President Obama’s American Recovery and Reinvestment Act (ARRA). Patient information is secure only when encrypted or destroyed.
• Under ARRA, if your phone or other portable device containing patient information is lost or stolen, JHSMSH must notify patients within 60 days that their unsecured patient information was acquired, accessed, used or disclosed inappropriately.
• The JHSMH Privacy Officer sends the notice, which must describe what happened and what the organization is doing to investigate the breach, how similar breaches will be prevented in the future, steps individuals can take to protect themselves, and contact information.
• Criminal and civil penalties up to $50,000 for each violation or $1.5 million annually for individuals and for the organization
• Patients may sue or the state Attorney Generals may sue individuals and/or JHSMH on patients’ behalf.

What is JHSMH doing?

• JHSMH is implementing Guardian Edge encryption software in 2010.
• The software will provide enterprise-wide encryption for desktops, laptops, portable electronic devices, and smartphones such as Blackberries.
• The software is approved by the federal government and is being used by UofL and Humana.

Your responsibility: Stay Compliant

• Do not use your cell phone for texting or emailing any patient information. Any phone used for these purposes must be specially encrypted.
• Protect your computer ID/password.
• Shred all confidential documents that need to be disposed (including IV labels, pharmacy labels and any other disposables or equipment containing patient information).

If you have questions contact JHSMH Compliance Officer & Privacy Officer Betsy Hall at 560-8404 or betsy.hall@jhsmh.org, Associate Compliance Officer Susan Stine at 587-4044 or susan.stine@jhsmh.org; or Compliance Coordinator Bev Norton at 560-8392 or bev.norton@jhsmh.org.

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