Element 5. Maintain confidentiality. HCE consultants should protect private information obtained during HCEC, handling such information in accordance with standards of ethics, law, and organizational policy.
Confidentiality is the duty to respect others’ control over their private information.
In the consultation process, HCE consultants are entrusted with private information about patients, families, providers, and institutions. Maintaining confidentiality is a high priority. Consultants are subject to laws, such as HIPAA, and institutional policies regarding the handling of private information.
There are, however, times when HCE consultants should divulge confidential information. When it is necessary to provide significant benefit, e.g., protect life or prevent serious harms, consultants may be obliged to share relevant private information with others, including health care providers, agents appointed in an advance directive, child/adult protective services agencies and/or law enforcement personnel. The information should only be communicated to those who need to know and only the minimum amount of information necessary should be shared. When appropriate, HCE consultants should prospectively communicate the limits of confidentiality protection.
Information obtained during HCEC may legitimately be used for a variety of other purposes, including peer review, quality improvement, education, and scholarship. Management strategies for maintaining confidentiality vary among these purposes. For example, one may seek to maintain confidentiality by removing identifiers, using pseudonyms, and/or altering inconsequential information. In some situations, written informed consent should be obtained from those whose private information would be disclosed.