Here's a nurses viewpoint: In order to maintain proper documentation, the suspected drug abuse (both the reason for the suspicion and the person who has that suspicion) should be formally documented in the patient's file. Simply by putting the yellow dot on the file (if this is standard practice in the clinic) constitutes some type of inclusion in the patient's record (official or not). In any event, just the yellow dot alone is probably not a great practice in the first case. If there are no guidelines for using the dot, the practice can be perceived as subjective - something which medical documentation should not be.
Jeff Schmitz Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. > -----Original Message----- > From: Anthony Mercaldi [SMTP:[EMAIL PROTECTED]] > Sent: Tuesday, September 17, 2002 3:40 PM > To: Rebekah Savoie; [EMAIL PROTECTED] > Subject: Re: Access and Amendment to PHI Question > > I am no attorney, and maybe this is a good one for our attorneys out > there, > but the yellow dot signifies SUSPECTED drug abuse. I would say that this > is > not an actual diagnosis, which would be documented in the patients file. > I > would also think that releasing such information would make you liable. > Example;I have a yellow dot and apply for a position that requires my > medical history. It is reported to my potential employer that I am > suspected > of drug abuse. This then causes me to lose the position. Couldn't I take a > drug screen(privately), and if clean turn around and file against you. > This > is an issue that we are currently using legal to follow up on. > > Comments below by Tina Lamb the legalities of handling certain > disclosures: > Any disclosures made due to mandatory reporting, such as reporting of > communicable diseases > * Disclosures made to authorities, such as reporting of suspected abuse or > neglect, suspicious situations, locating suspects, crime on > premises, for law enforcement purposes, etc. > * Reports made to the Food and Drug Administration (FDA) > * Information provided to funeral directors > * Organ procurement > * Information released based on a subpoena or court order > > I know this doesn't directly answer your question, it's just a little more > to ponder. I don't believe internally it would be an issue, but if they > were > to release this information, without it being formally documented in the > patients file, I believe you would have violated my rights. > > Anthony Mercaldi > > ----- Original Message ----- > From: "Rebekah Savoie" <[EMAIL PROTECTED]> > To: <[EMAIL PROTECTED]> > Sent: Tuesday, September 17, 2002 3:14 PM > Subject: Access and Amendment to PHI Question > > > > This is a good one we can all ponder for a few days. I am doing > > compliance work for a clinic and they place yellow dots on charts to > > signify suspected drug abuse. They never document in the chart such > > suspicions. > > > > Questions: > > > > Does this have to be documented? > > If documented do we have to allow a patient to access and request > > amendment? > > What problems will this cause if they keep the same procedure? > > > > Rebekah Savoie > > Accountant/Healthcare Consultant > > > > ********************************************************************** > > To be removed from this list, go to: > http://snip.wedi.org/unsubscribe.cfm?list=privacy > > and enter your email address. > > > > The WEDI SNIP listserv to which you are subscribed is not moderated. > The > > discussions on this listserv therefore represent the views of the > individual > > participants, and do not necessarily represent the views of the WEDI > Board > of > > Directors nor WEDI SNIP. If you wish to receive an official opinion, > post > > your question to the WEDI SNIP Issues Database at > > http://snip.wedi.org/tracking/. > > Posting of advertisements or other commercial use of this listserv is > > specifically prohibited. > > > > > > > ********************************************************************** > To be removed from this list, go to: > http://snip.wedi.org/unsubscribe.cfm?list=privacy > and enter your email address. > > The WEDI SNIP listserv to which you are subscribed is not moderated. The > discussions on this listserv therefore represent the views of the > individual > participants, and do not necessarily represent the views of the WEDI Board > of > Directors nor WEDI SNIP. If you wish to receive an official opinion, post > your question to the WEDI SNIP Issues Database at > http://snip.wedi.org/tracking/. > Posting of advertisements or other commercial use of this listserv is > specifically prohibited. > ********************************************************************** To be removed from this list, go to: http://snip.wedi.org/unsubscribe.cfm?list=privacy and enter your email address. The WEDI SNIP listserv to which you are subscribed is not moderated. The discussions on this listserv therefore represent the views of the individual participants, and do not necessarily represent the views of the WEDI Board of Directors nor WEDI SNIP. If you wish to receive an official opinion, post your question to the WEDI SNIP Issues Database at http://snip.wedi.org/tracking/. Posting of advertisements or other commercial use of this listserv is specifically prohibited.
