Benefits and Risks of Technology B fit d Ri k f T h l 2013 - - PowerPoint PPT Presentation

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Benefits and Risks of Technology B fit d Ri k f T h l 2013 - - PowerPoint PPT Presentation

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


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B fit d Ri k f T h l Benefits and Risks of Technology

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

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TITLE

Denise C. Yarborough, Esquire

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 Di l i Th t t f thi t lk d t tit t Disclaimer: The contents of this talk do not constitute legal advice.

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Disclaimer This presentation is for informational purposes

  • nly. It does not constitute legal advice. You

h ld k th d i f l if d l l should seek the advice of counsel if you need legal assistance.

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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

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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

li b f ft h i i i it

  • nline before or after a physician visit
  • 44% of US web users want to read information
  • nline abo t a medical practice before deciding to
  • nline about a medical practice before deciding to

visit that practice

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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

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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

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Risks of Technology

  • State licensure requirements if communicating with

ti t i th t t patients in other states

  • HIPAA concerns if message is not secure
  • Management of emails from patients can be
  • verwhelming if system not in place
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Confidentiality: Privacy & Security

  • Physician has obligation to protect patient privacy

d d i t th i d t d and guard against unauthorized access to and use

  • f patient PHI

S iti li i ti b t

  • Sensitive online communications between

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

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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
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Written Protocols

  • Email messages should be included in medical

d record

  • Consider automatic email receipt notification
  • In response to patient email, have system send

back auto reply “if emergency call 911” Wh t if ti t i i k il?

  • What if patient is using work email?
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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
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Confidentiality: Authentication

  • Must take reasonable steps to authenticate the

id tit f th ti t th ti t’ identity of the patient or the patient’s representative D l itt ti t t l

  • Develop written patient protocol
  • Establish minimum standards for patient

authentication when patient new to practice authentication when patient new to practice

  • Keep records of authentication
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Unauthorized Access to Computers

  • Protect access to your computers! If someone can

h i ll t th physically access your computer, they can compromise patient information A t ti l t d t ti

  • Automatic log-outs, password protection
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New Patients

  • Electronic communications can create a physician-

ti t l ti hi patient relationship

  • Save electronic communications for existing

ti t patients

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Web Sites

  • Good source of general information about the

ti practice

  • Office hours, location, directions
  • Physicians’ bios, medical services provided
  • Forms
  • Resources
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Web Sites

  • Responsibility for posting accurate information
  • Links to third party web sites, other sources of

information

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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 ha e q estions or concerns abo t a health care professional. If you have questions or concerns about 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.

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Questions?

Contact: dyarborough@allergypartners com dyarborough@allergypartners.com