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Minimize mistakes when responding to the media
HIPAA Training Advisor, October 1, 2008
It doesn’t matter whether your facility is located in a large U.S. metropolitan area or a small town: A media presence exists nationwide. And when newsworthy events occur, or you admit newsworthy patients into your hospital, media members will surely buzz around your lobby and pepper your phone lines, in search of information.
The belief that challenges involving the media occur only on those rare occasions when a celebrity crosses your threshold is a common misconception. The likelihood that Brad Pitt will walk into most hospitals is virtually nil—but the town mayor could become a patient and that could attract the attention of local media. A crime that occurs on your premises could also spark interest, as would the admission or treatment of a crime victim or alleged perpetrator. And members of the media seeking tabloid fodder raise obvious concerns, but the pursuit of seemingly harmless human interest stories can also be problematic. For example, consider the media outlet striving to photograph the first baby born in 2009. As innocent as this might appear, proper authorization from the infant’s family is necessary; otherwise, it’s a HIPAA violation.
Start by implementing a comprehensive policy or an internal structure that directs all requests—not just those you deem questionable or malicious—to your media relations or marketing department.
All hospitals, small and large, must develop and enforce strict rules that guide staff members who receive media requests for information. A well-written policy is only the beginning; staff members must be informed and disciplined to ensure that they respond appropriately to persistent members of the media trying to scoop the competition. After all, “the media can be pretty persuasive sometimes,” says Kate Borten, CISSP, CISM, president of The Marblehead Group in Marblehead, MA.
Organizations that haven’t established a media relations department or designated a spokesperson should do so; these measures will help ensure proper management of media inquires and appropriate responses. Establish a written policy that requires all media requests to proceed through designated channels and considers any exception to this practice a breach of the policy.
“Follow the KISS (Keep It Simple, Stupid) rule,” Borten says. “Just don’t talk to the media other than to give the name of [the media contact].”
Mistakes are more likely when someone is unsure of the appropriate response, so it’s never wise to permit anyone other than designated staff members to respond to media requests, McCusker says. Organizations that designate a specific department, such as marketing or PR, to respond to media requests are often among the most successful in this regard, she says.
Emphasize to staff members that this is a serious concern. Organizations respond to breaches differently, but most policies include sanctions ranging from verbal to written disciplinary action, including suspension and termination. A list of the various types of media that may request information may be helpful, Borten says. For example, staff members might not consider bloggers members of the media. The need to reroute them to the media relations department might not be as obvious as the need to refer traditional newspaper and television reporters.
Lisa K. McCusker, CPC, corporate compliance and privacy officer at Sisters of Providence Health System in Springfield, MA, says even though it should be simple, you should include training on handling media requests in your basic orientation and HIPAA training package. The designated spokesperson and others in the media relations department also should ensure that certain areas, such as sterile environments and examination rooms, are off limits to members of the media, she says.
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