The Pandemic Flu in Action ”What are the Patient Care Issues”
Carole A. Klove RN, JDChief Compliance and Privacy
OfficerUCLA Medical Sciences
Operational Issues to Consider Impact on obligations under the Emergency
Treatment and Active Labor Act (EMTALA) Exchange of Protected Health Information
(PHI) and HIPAA Privacy and California Confidentiality Laws
Understanding Surge Capacity and the impact on resources, including personnel, services and supplies and patient safety
Meeting the needs of “your community” and training your staff
EMTALA – Does an catastrophe make a difference?
Hospital must provide screening and stabilization for person presenting at ED
Waiver of sanctions during Katrina emergency HHS Secretary has authority to temporarily waive
EMTALA requirements in declared emergencies HHS waived sanctions for EMTALA violations for
hospitals with ERs located in “emergency areas” if have to transfer prior to stabilization if due to Katrina
Hospital still obliged to conduct screening
HIPAA and Confidentiality Under HIPAA, covered entity may not use or
disclose protected health information (PHI) except as permitted under Privacy Rule
In emergency, tension between privacy rights and need to share health information to inform families, friends, and public health workers
California law defines several specific reportable conditions, including “when the disclosure is otherwise specifically authorized by law” Civil Code § 56.10 (c)(14)
HIPAA and Confidentiality (cont.)
Sharing PHI during emergency Privacy Rule allows sharing of PHI without
authorization to public health authority in response to bioterrorism or public health emergency. 45 CFR Section 164.512(b).
Privacy Rule allows release of PHI to public health authority without authorization for certain public health activities, such as surveillance, but limited to “minimum necessary” information
HIPAA and Confidentiality (cont.)
HIPAA Waivers during Katrina Section 1135 Waivers (referencing Social
Security Act) HHS waived certain privacy requirements in
emergency areas affected by Katrina and Rita (i.e., needing to obtain consent to share info with family/friends; notice of privacy practices)
HHS Bulletin Reminders Katrina bulletins reminded providers how
Privacy Rule allows sharing PHI in disaster relief efforts for treatment purposes and to notify caregivers
HIPAA and Confidentiality (cont.) Other Issues
Health information is protected whether person living or dead
Release of patient information to media
Security and storage of records (offsite storage; electronic records)
EHRs – allows record to follow patient
Patient Safety and Surge Capacity Assumptions to consider:• 30% of population will be affected• 50% of those affected will seek care• Most seeking care will need hospitalization• Significant mortality rate• Vaccine will be virtually non-existent in early phases• Resources for mass casualties may be inadequate• Hospitals will experience staffing shortages• Standards of care may have to be ‘sufficiency of care’
“No amount of planning will allow response to a major pandemic to be ‘business as usual’.”
Patient Safety and Surge Capacity (cont.)Emergency Response:• Hospital Surge Capacity
• Need for hospital beds will exceed capacity• Illness among workers or their families will
exacerbate the shortage of staff• County DHS agencies have identified key
components of surge capacity and response to the demand
Patient Safety and Surge Capacity (cont.) Telemedicine
Consider telemedicine capability and privileges so physicians not required to attend hospital
Hospital Admissions May need to cancel elective
admissions during triage phase Use non-acute beds for acute patients Early discharge of patients
Patient Safety and Surge Capacity (cont.)
Credentialing and Privileging Need for temporary credentialing and relaxation of
standards during emergency JCAHO requires hospitals to establish procedure for
verifying credentials and granting privileges during and after disaster (HAS Std MS 4.10)
Consider pre-credentialing programs and established agencies, e.g., San Mateo County Medical Reserve Corps
HRSA’s ESAR-VHP Program assisted with registration, credentialing, and deployment of volunteer professionals to Gulf region by using online systems
Patient Safety and Surge Capacity (cont.)
Licensing Issues Out-of-State Professionals – Nat’l Emergency
Management Assistance Compact (EMAC), which CA ratified, allows for reciprocity
Medicare requirements also waived for Katrina providers JCAHO – If hospital’s disaster plan is activated,
may implement modified process for determining qualifications and competence of volunteer practitioners (Std HR 1.25 and MS 4.110)
Still limited to activities under license Must verify identity and licensure
Need to address emergency licensing in Med Staff Bylaws
Patient Safety and Surge Capacity (cont.)
Standard of Care Legal concept – Action a reasonably prudent
practitioner would take under same or similar circumstances
Would adapt to emergency situations Informed consent
Good Samaritan Statute In CA, person not liable where render
emergency care at scene of emergency (not including EDs or medical care site) in good faith and not for compensation
Patient Safety and Surge Capacity (cont.)
Government Code Section 8659: Physicians, hospitals, pharmacists, nurses and dentists who render services during a state of emergency or local emergency at the request of a health officer have no liability for injuries sustained by any person from those services, regardless of the circumstances or cause, except for willful acts or omissions
Patient Safety and Surge Capacity (cont.)
Prescription Medications and Treatment Only authorized individuals to have access
to drugs Only licensed individuals to prescribe and
administer drugs Maintain drug integrity Relaxation of standards for emergencies?
Volunteer physicians and pharmacists to act Acceptance of donated drugs
Planning – What does it Require?
Surge capacity for beds, personnel, morgue
Personnel protective equipmentVentilators? Tamiflu
Major isolation planStaff education
Develop internal rationing plan
Facilities
Supplies
Infection control
Vaccine/anti-virals
Coordinate with State/County
Training – Who and What Disaster Policy for Staff
Accessible via hardcopy or intranet Telecommuting policy for emergency Voluntary Nat’l Stds for Disaster
Preparedness (NFPA 1600) www.nfpa.org Identify critical staff and personnel
Medical staff Nurses and allied health professionals Patient support Plant operations Vendors
Training – Who and What (cont.) Communicating with Staff (before,
during, and after) Call-in line or website for further info Public announcement postings Chain of command/Telephone chain Security of communications
(passwords) Public Health Education for Staff
Training – Who and What (cont.)
Cross Training Staff for various job functions
Understand the job functions that impact an employees function
Recognize Union issues Conduct the Job Skills inventory and keep
it current, including language capability and interpretation
Training – Who and What (cont.)
Train on Attendance Concerns Consider flex time alternatives for jobs that
don’t require presence at hospital “Presenteeism” of sick workers may be
problem for spreading disease FMLA issues for prolonged absences Health Officer can order staff to be tested
and cleared before returning to work Have contingency plan for high absenteeism Consider Temporary housing
Questions and Answers