Q. My group practice is in the process of updating our computer terminals. We would like to sell our old terminals or possibly donate them to educational institutions. I have read articles that it may be possible to recover information from discarded computers. Should we be concerned about this?
A. Yes, you should be concerned. Technology offers psychiatrists certain advantages in maintaining patient information, such as easy access and the ability to back up patients’ treatment records. When the time comes to upgrade computer hardware, however, psychiatrists must be alert to the potential of inadvertently releasing patient information. Such an inadvertent disclosure could have serious ramifications under the HIPAA regulations, as well as state confidentiality laws.
Simply deleting information from a computer disk or other electronic storage medium (such as a diskette, tape, or compact disk) does not necessarily physically erase the information. In most cases the only area actually deleted is the location, or address, of the information on the hard drive or other storage medium. That is, the information is still physically present on the disk or hard drive, but the computer simply does not know the location of the information to be able to read it. Anyone with access to the hard drive and the correct software can reconstruct the “deleted” information.
Psychiatrists are legally and ethically required to safeguard records and patient information. The precise format of the information, electronic or paper, makes no difference. When disposing of paper records, the psychiatrist should take care to shred or otherwise completely destroy the record. Electronic information or records are no different. The information should be completely obliterated prior to the resale or disposal of computer hardware. Prudent risk management suggests that psychiatrists consult with a computer professional about methods of completely wiping disk drives prior to disposal.
Q. I will be attending APA’s 2004 annual meeting in New York in May. Will the Psychiatrists’ Program have customer service staff at the meeting, and will Program staff be presenting at any risk management or insurance sessions?
A. Yes. The Psychiatrists’ Program will be located at booth #1112 in the Exhibit Hall near the APA Resource Center in the Javits Center. Risk managers and insurance underwriting specialists will be present to provide individualized insurance information and risk management advice for psychiatrists. Complimentary risk management articles will also be available.
If you’re a participant of the Psychiatrists’ Program, be sure to visit our booth and receive complimentary copies of our most-requested materials as our thanks for your participation. You’ll receive a “For Participants Only” package and a valuable “HIPAA Help” guide. Program staff will also present at the following sessions:
• “Risk Management Issues in Psychiatric Practice”: Monday, May 3, 11 a.m.-12:30 p.m., Marriott Marquis, Marquis Ballroom Salon C, Ninth Floor
• “How to Launch a Successful Private Practice, Part 1”: Tuesday, May 4, 9 a.m.-10:30 a.m., Javits Center, Room 3D02/11, Level 3
• “Closing a Psychiatric Practice: Clinical and Risk Management Issues”: Tuesday, May 4, 11 a.m.-12:30 p.m., Marriott Marquis, Palace Room, Sixth Floor
• “Professional Liability Insurance: A Primer for Psychiatrists”: Thursday, May 6, 2 p.m.-5 p.m., Marriott Marquis, O’Neill Room, Fourth Floor
Additional information is also available on the Program’s Web site at www.psychprogram.com. (When you arrive at the meeting, please check the conference schedule for any last-minute changes to times or locations.)
Q. I am insured through my hospital and do not carry liability insurance with the Psychiatrists’ Program. I recently attended the spring meeting of my district branch and heard one of the Program’s risk managers speak and was impressed with the psychiatric-specific information presented. Does the Psychiatrists’ Program offer full-day seminars, and if so, can nonparticipants attend these programs?
A. Yes! Several full-day risk management seminars are presented by the Psychiatrists’ Program each year. Nationally recognized specialists and experienced clinical, legal, insurance, and claims professionals reinforce basic risk management skills and techniques, as well as discuss current professional liability trends in the psychiatric field.
These risk management seminars are free for current Program participants. As a benefit of participation in the Psychiatrists’ Program, attendees are eligible to receive a 5 percent premium discount on their Program insurance premium. (In New York state, per insurance regulations, Program participants are required to complete a basic risk management course with a written follow-up every two years to receive and maintain the premium discount.)
Nonparticipants can attend these all-day seminars for $395, with discounts available for residents, fellows, and early career psychiatrists.
The seminar, “Identifying and Managing Malpractice Risks in Psychiatric Practice,” is scheduled to take place in the following cities:
• Hartford, Conn., Saturday, June 5
• Philadelphia, Friday, July 16
• Chicago/Oak Brook, Friday, September 17
Again, if you are a Program participant, these seminars are complimentary. For more information or to register, visit www.psychprogram.com or call (800) 245-3333, ext. 347. Be sure to check the Web site for updates and additions to the seminar schedule.
This column is provided by PRMS, manager of the Psychiatrists’ Program, for the benefit of members. More information about the Program is available by visiting its Web site at www.psychprogram.com; calling (800) 245-3333, ext. 389; or sending an e-mail to [email protected]. ▪