Protecting Patient Privacy during COVID-19

With the rapid spread of COVID-19 across the country, and increasing numbers of infected patients at hospitals, compliance and privacy teams are taking extra precautions to protect sensitive patient information. Here are some tips to ensure your organization is protecting patient privacy during the COVID-19 outbreak include:

1. Stay up-to-date on all announcements from the Department of Health and Human Services (HHS) Office for Civil Rights (OCR). While rules and regulations under the HIPAA Privacy Rules are still operable and enforceable, the OCR has released several waivers for the disclosure of Personal Health Information (PHI) during the COVID-19 crisis. Some of these include Enforcement Discretion for community-based testing sites, business associates, and telehealth services. These announcements are critical for compliance and privacy teams to ensure they are staying compliant during this time. It is important to continually check the OCR website for any new information, visit the OCR website here.

Maize also has a page of these resources for quick access, find it here.

2. Daily tracking of COVID-19 patients. It is important to monitor accesses for all COVID-19 patients on a daily basis to ensure inappropriate accesses are found and mitigated in a timely manner.

3. Notify all employees to stay vigilant. During this pandemic, there has been an increase in cyberattacks on healthcare organizations. It is important for compliance and privacy teams to inform all employees of these risks, and communicate procedures to report suspicious activities. Scams have included calls from people claiming they work for the OCR, baiting healthcare employees to divulge PHI, phishing, and malware emails

Protecting patient information is always important, but during a pandemic, the significance of compliance and privacy teams within healthcare organizations becomes heightened. We hope these tips will help, and we thank you and all the employees at your organization for the work you have been doing to help during this time.

Engagement with Executive Management: How to Arm Compliance with Specific Data That Informs Decision Making

I was recently listening to a webinar when someone asked a question that I often ask: “how do I get business executives to care as much about compliance as I do?” I expected the answer to be the same one I have heard a hundred times, “you have to make them understand the risks… you have to make sure they understand the potential for personal liability.. you have to explain the government’s expectations… etc.” The answer the speaker gave was more insightful; she said, “you can’t”. She went on to explain that if you, as the compliance officer, are not the individual in your company who cares most about compliance, who is the most excited about your compliance program, then you are probably in the wrong position.

I think rather than asking how to get business executives excited about compliance, we should ask how we can frame our compliance metrics in a way that supports the things that make the business executives really excited about the work compliance does.

Metrics: What’s Important to Executives?

Many of us in the compliance field produce benchmarking data for the board and executive management teams. A small sampling of typical metrics include:

  • Number of hotline calls received (by location, business unit, anonymous/identified, allegation, etc.)
  • Length of time to respond to hotline call
  • Source of hotline awareness
  • Number and type of privacy violations
  • Number of active compliance investigations (by type, location, allegation, etc.)
  • Length of time to close investigation
  • Number of training programs delivered
  • Training completion rates
  • Policy dissemination acknowledgements

While these metrics can give important information about the performance of the compliance program, they don’t really convey meaning to the executive team and its impact on the business. I would argue that it is often difficult to engage executive management in your compliance program because you are not providing them with any information that is framed in a manner that helps them mange their critical strategic and operational priorities. 

So, let’s think about some of those business priorities. In my experience, healthcare executives are focused on quality, revenue, costs, growth, patient, employee and physician satisfaction, and reputational, financial and operational risk. How do you use these priorities to effectively show executives what is going well in your compliance program and what requires their attention? How can your metrics help executives understand their risk position? How do you help executives establish a meaningful risk tolerance level?

To answer these questions, you first need to determine the types of data you will provide. Generally, there are two types of metrics: process metrics and outcome metrics. 

 

Process Metrics and Outcome Metrics

Process metrics are those data that show program effectiveness (hotline reports received, number responded to timely, trainings completed, policies distributed, etc.). Process metrics should include an indication of how the measure is trending over time and some indication of criticality to help your executives understand those data that require their attention, those that don’t, and those that should be celebrated.

Outcome metrics are those data that show the results of your auditing, monitoring, and investigation programs which address specific risk areas (new physician coding audit, focused claim coding audits, employee access audit, etc.). Outcome measures should be tied to your risk assessment priorities and are often easier to align with strategic priorities.

 

Gather and Connect Metrics

Your metrics should derive from the seven elements of an effective compliance program , your risk assessment priorities, and specific risk areas. It is important, however, that you don’t try to use data to develop metrics for every aspect of your compliance program. Remember, your executives are getting data from various departments across the organization, and data fatigue is a very real problem. Copious amounts of data will cause your executive’s eyes to glaze over and the messaging you are trying to convey will be lost.

Consider aggregating some of your department data into a few key metrics that can drive a story aligned with the organizational strategy. For example, you may want to take all of your compliance program effectiveness measures and provide a single effectiveness score which can be trended over time. Similarly, you can take specific risk area measures that affect one of the key strategic priorities and aggregate them into a single strategy score (i.e. provide a Readiness for Growth measure that combines your auditing results that affect Growth).

Keep in mind that not every audience requires the same data. Your compliance Committee may need significantly more information about specific reporting elements than other members of your executive management team. Know what actions, decisions, or discussion you want to elicit from the group and tailor your data and metrics specific to the audience charter.

Finally, consider how to connect your information with other information gathered by the organization. For example, if Quality is collecting information specific to patient satisfaction, think about how your data may inform the quality data. Are you seeing more hotline calls coming in from units that are reporting poor patient satisfaction? Are you seeing more data breaches from units that are reporting poor patient satisfaction? When you can integrate your data with other data collected in the organization executives can better understand what the data means on an overall scale.

 

Engage Executives

To engage your executive management in your compliance program you need to provide them with information that can help inform their strategic priorities. This approach requires a different mindset by compliance officers. Most compliance data provided to the executive team is designed to express potential compliance risk without being tied more closely to the organization’s strategic priorities. However, the data your provide should include both process measures as well as outcome measures and should be tailored to the audience you are presenting the information to. By aligning your compliance metrics with the organization’s strategic priorities, you are seen as a partner in achieving organizational goals rather than just managing goals separate from the rest of your organization.

As your organization’s compliance professional, you have a lot of data available to you. Your challenge is taking all that data and leveraging it into meaningful and actionable information for your executives that aligns with the organization’s strategic, financial, and operational objectives. This engagement will form the partnership you need to minimize risk and grow your program’s visibility.

OIG HHS Healthcare Compliance Program Tips 

 

Margaret has over twenty years of experience in healthcare compliance, including roles as Cheif Compliance officer for large integrated health systems providing services in multi-state geographies. She is recognized as an industry thought leader and speaker, including addressing the US Senate Finance Committee and other government agencies. Margaret is also the past President and current member of the Board of Directors of the Society of Corporate Compliance and Ethics (SCCE) and the Health Care Compliance Association (HCCA) supporting and promoting integrity programs nationally and internationally.

Three Essential Elements of the Compliance Toolkit

Compliance officers regularly navigate one of the most complex systems in our country—health care. To protect patient privacy, they are charged with creating (and enforcing!) policies that align with changing regulations, while juggling practical limitations at their own facility.

There are many resources available to help compliance teams develop effective programs. The Office of Inspector General provides online education, and private companies offer products that address everything from technical needs to emotional stressors associated with the job.

Our team recently attended the Health Care Compliance Association’s regional conference in Dallas, Texas, where we had the opportunity to listen and learn from compliance experts about other ways to support compliance teams. We heard from Bret Bissey, MBA, FACHE, CHC, CMPE, and Healthcare Compliance Executive with over 30 years experience. He spoke on “What Every Compliance Officer Needs in Their Toolkit.” Three themes emerged:

1) Support. Compliance teams deserve access to the board (or hospital executives), an appropriate budget, and a respectable level of authority. Without these elements, it is hard for compliance teams to implement changes that steer staff toward a culture of compliance.

2) Independence. By acting independently from clinical operations, compliance officers can remain objective. What if a senior-level physician, or board member, violates a policy? Compliance officers must be empowered to make proper decisions without fear of retaliation. Independence allows this—but it must be clear who, or what policy, validates this independence.

3) Metrics. Certifications, analytics, audits, and documentation are essential elements of any compliance program. Quantitative data are not only important to measure success, but they can also help “sell” compliance programs to staff. Data can support compliance teams in showing why policies are needed.

As compliance teams work to oversee all aspects of healthcare operations, it’s easy to see why so many products have emerged to support their day-to-day activities. Compliance teams can choose resources and tools that integrate with their workflow. Tools designed to help teams attain organizational goals—that also keep compliance officers feeling supported and motivated—are most likely to lead to success.

SIEM to PIEM: Privacy Information and Event Management Systems

Some in the privacy community have looked to their security counterparts to adapt SIEM tools to the challenges of protecting patient data. However, there are stark differences between network monitoring and EMR access auditing. Privacy Information and Event Management (PIEM) systems are an emerging class of privacy monitoring system geared for medical record protection.

SiemToPiem.com

Is Accuracy a Fair Metric to Evaluate EMR Auditing Systems?

There has been a lot of talk about new EMR access monitoring systems. These systems leverage various types of machine learning and artificial intelligence algorithms to identify and rank suspicious behavior. However, parsing their claims is often difficult for two primary reasons: (i) there is no shared data set to evaluate these methods, and (ii) claims are made using different evaluation metrics.

Putting aside the issue of a shared data set for now, lets consider some of the different metrics used today (e.g., false positive rates, false negative rates, true positive rates, true negative rates, recall, precision, and accuracy, among others), and if they tell the entire story about a system’s quality.

To do that, lets consider the following example and an auditing system that uses a Boolean model in which the system marks each access as suspicious or not (i.e., not a probabilistic model).

The system audits 100 accesses in a day.
The system marks 10 as suspicious.
Of the 10 suspicious, 5 are actually inappropriate and 5 are actually appropriate.
Of the 90 not marked as suspicious, 7 are actually inappropriate (and not detected)
Given this example, the system would have the following metric values:

True Positives: 5
True Negatives: 83
False Positives: 5
False Negatives: 7
Accuracy is defined as the total number accesses correctly classified as appropriate and inappropriate: (83 true positives + 5 true negatives)/ 100 = 88%

Recall is defined as the number of inappropriate accesses detected over all inappropriate accesses that occurred: 5/(5 + 7) = 42%

Precision is defined as the number of inappropriate accesses detected over all accesses the system thought are suspicious: 5/10 = 50%.

So how did the system do? Let’s compare it to a simple auditing system that never thinks any access is suspicious. It would have the following metric values:

True Positives: 0
True Negatives: 88
False Positives: 0
False Negatives: 12
Accuracy: (88 + 0)/100 = 88%
Recall: 0/12 = 0%
Precision: 0 / 0 or undefined
As this example shows, the simple auditing system has the same accuracy as the more advanced auditing system – even though it did not find any inappropriate activity. This result occurs because the prior distributions of the appropriate and inappropriate classes are not equal; there are many more appropriate accesses than inappropriate. This distribution skew can make simple (and bad) auditing systems look good. In the real world, the distributions are likely skewed even more (i.e. 99% to 1%), compounding this problem.

If accuracy is not a fair metric, what metrics should you consider? The combination of precision and recall, known as an F-1 score, is one good alternative. F-1 scores that are closer to a value of 1 mean the system is able to find most inappropriate behavior with good precision. In our example, the first auditing system has a better F-1 score than the simple system.

In the next post, we will discuss how to evaluate systems that use a probabilistic model to identify suspicious behavior (i.e., an access can be 70% suspicious and 30% not), and how the area under the receiver-operating characteristic (or AUC ROC) is a better metric and is robust to data skew.



Leveraging Deep Mind’s Block Chain EMR Access Log

Machine learning (ML) offers incredible promise in the diagnosis and treatment of advanced medicine. Whether it is IBM’s Watson or Google’s DeepMind Health, it seems like many of the world’s biggest technology companies are getting involved in innovative approaches to improving patient care. One area gaining more ML healthcare interest is data privacy and security. For example, DeepMind has started to take important steps to enhance the security of clinical data by creating tamper-proof logs of access using block chains.

At Maize Analytics, we think that machine learning has a roll to play, not only to improve patient’s health, but also to improve data privacy and security. Just as ML systems can help doctors and nurses better evaluate and treat patients, Maize’s technology can empower compliance officers to better protect the privacy of patients.

Maize’s technology takes the symptoms provided by access logs – the “who,” “what,” “where,” and “when” of a record’s access – and uses novel ML techniques to determine the diagnosis of “why” the access took place. Our peer-reviewed and published work has shown that Maize can filter 95-99% of all accesses, allowing privacy officers to focus on the real threats.

We know that the work of a compliance officer can be just as stressful and high stakes as that of a doctor or nurse and that’s why we are committed to putting the same high-powered machine learning technology to work to improve outcomes.

Read more about the technology in the Compliance Today Magazine