Benefits and Risks of Technology B fit d Ri k f T h l 2013 AAAAI ANNUAL MEETING February 22 2013 February 22, 2013 San Antonio, Texas PRESENTED BY PRESENTED BY: Denise C. Yarborough, Esquire General Counsel Allergy Partners, PA
Denise C. Yarborough, Esquire TITLE Required Disclosures Financial: N/A Research: N/A Legal Consult/Expert Witness: N/A g p Organizational: N/A Gifts: N/A Gifts: N/A Other: Speaking Honoraria: AAAAI and ACAAI Disclaimer: The contents of this talk do not constitute Di l i Th t t f thi t lk d t tit t legal advice.
Disclaimer This presentation is for informational purposes only. It does not constitute legal advice. You should seek the advice of counsel if you need legal h ld k th d i f l if d l l assistance.
Patients Like Technology • Face-to-Face Communication – foundation of physician-patient relationship • But, patients use email, texting, visit websites, social media – expect the same from their physicians • Polls show vast majority of online adults in US have gone online to get medical information and are interested in some kind of online are interested in some kind of online communications with their physicians
Patients’ Use of Technology • 1 in 3 US adults use the internet to diagnose a medical condition • 8 out of 10 health questions start at a search engine • 73% of patients search for medical information online before or after a physician visit li b f ft h i i i it • 44% of US web users want to read information online abo t a medical practice before deciding to online about a medical practice before deciding to visit that practice
Benefits of Technology • Patient demand is strong • Increased practice efficiency • Reduction in unnecessary office visits Reduction in unnecessary office visits • Increases efficiency in office visits • More convenient for patients and physicians More convenient for patients and physicians • Increases communication between physician and patient patient
Risks of Technology • Must be limited to non-emergent conditions g • Providing medical consultation to patient electronically can create a physician-patient relationship and physicians can still be liable for medical advice given over telephone or email
Risks of Technology • State licensure requirements if communicating with patients in other states ti t i th t t • HIPAA concerns if message is not secure • Management of emails from patients can be overwhelming if system not in place
Confidentiality: Privacy & Security • Physician has obligation to protect patient privacy and guard against unauthorized access to and use d d i t th i d t d of patient PHI • Sensitive online communications between S iti li i ti b t physician & patient should be conducted over a secure network with encryption such as a patient secure network with encryption such as a patient portal • Standard email services are not secure Standard email services are not secure
Develop Written Protocols • Not for use in emergencies • Not for use with sensitive medical topics • Expectations for response time • Not for every patient • When and who will check email • How email should be formatted, stored & archived
Written Protocols • Email messages should be included in medical record d • Consider automatic email receipt notification • In response to patient email, have system send back auto reply “if emergency call 911” • What if patient is using work email? Wh t if ti t i i k il?
Informed Consent • Describe security mechanisms in place • Not for emergency use • Risks of accidental misaddressing, forwarding, etc • Expectations of turn-around time • Patient should not use for sensitive information • See sample language
Confidentiality: Authentication • Must take reasonable steps to authenticate the id identity of the patient or the patient’s tit f th ti t th ti t’ representative • Develop written patient protocol D l itt ti t t l • Establish minimum standards for patient authentication when patient new to practice authentication when patient new to practice • Keep records of authentication
Unauthorized Access to Computers • Protect access to your computers! If someone can physically access your computer, they can h i ll t th compromise patient information • Automatic log-outs, password protection A t ti l t d t ti
New Patients • Electronic communications can create a physician- patient relationship ti t l ti hi • Save electronic communications for existing patients ti t
Web Sites • Good source of general information about the practice ti • Office hours, location, directions • Physicians’ bios, medical services provided • Forms • Resources
Web Sites • Responsibility for posting accurate information • Links to third party web sites, other sources of information
Website Disclaimer The information contained in this website is for educational and informational purposes only and is not intended to replace the advice of a health care professional If o a health care professional. If you have questions or concerns about ha e q estions or concerns abo t your health, please see your doctor or other health care provider. If an emergency exists, please call 911. The e-mail and contact information provided on this website should not be used to ask medical questions Further because information transmitted via email medical questions. Further, because information transmitted via email is not secure, we cannot guarantee the confidentiality of health information sent to us in this manner. While Practice has made an effort to ensure the accuracy of the information contained on this site, we make no warranties or representations as to the accuracy of the material, and are not responsible for any errors or omissions in the material provided or any espo s b e o a y e o s o o ss o s t e ate a p o ded o a y results obtained from the use of such material. Any links to third parties found on this Web Site are provided merely as a courtesy, and Practice does not endorse these sites or assume liability for the information contained on them.
Questions? Contact: dyarborough@allergypartners com dyarborough@allergypartners.com
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