The agreement is available on the HR web site or on the medical center web site (DUHS intranet). A copy of this form should be retained in the staff member's department file. Policy DetailsĪll Duke staff must sign the Duke Confidentiality Agreement. This procedure is not intended in any way to prevent professionals from reviewing records for approved research purposes in accordance with applicable policies and procedures and statutes and regulations. In addition, Duke is a research organization. Any such learning methodologies utilized by staff must be program mandated and authorized by the staff member's supervisor. Common teaching methodologies including the appropriate review of confidential charts that may be of teaching and learning interest to staff are not to be discouraged by this procedure. This procedure is not intended in any way to prevent professionals from reviewing records for learning purposes. This policy does not address a breach of protected health information such breaches are addressed under the DUHS Breach of Protected Health Information/Privacy Policy (DUHS intranet).ĭuke is a teaching organization. Any Duke workforce member's behavior that compromises Confidential Information is covered by this policy. Staff shall comply with the terms of Duke Confidentiality Agreement. A breach is a violation of this policy and/or state or federal regulatory requirements resulting in the unauthorized or inappropriate use, disclosure or access of Confidential Information. The access must be appropriate to the workforce member's job responsibility.
Workforce members who are authorized by Duke to access Confidential Information have a responsibility to limit access to those that are allowed by permission and/or by law.
Workforce members who are authorized to use or disclose Confidential Information also have the responsibility to safeguard access to such information. The release of any such Confidential Information may result in negative financial or competitive action, productive loss, or cause legal or other non-beneficial impacts on Duke.Ĭonfidential Information must be treated with respect and care by any workforce member who is authorized to have access to this information. Any Confidential Information, whether oral, written, or electronic, should be maintained in a manner that ensures its confidentiality. The governing body who determines the scenarios of when it’s permissible to discuss PHI is the Department of Health and Human Services (HHS).During the course of employment, staff may have access to Confidential Information. There are a few other reasons not outlined by the AAFP. These are probably issued for similar reasons to the situation above. Similarly, a court order or statute may require a doctor to release a medical record to law enforcement or another legal entity.
#DEFINE BREACH OF CONFIDENTIALITY TRIAL#
This usually happens because of a trial or a police investigation. Third, sometimes a court order or statute requires reporting of a specific diagnosis to a public health authority. Second, if there’s a compelling circumstance that affects the patient’s health and safety, such as an emergency.
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