Informed consent is one of the foundational elements of good ethical practice and legal requirements within healthcare. Essentially, the function of informed consent is to keep patients fully informed about the medical procedures or treatments they are about to undergo.
Ethical and legal significance
The primary ethical purpose is to respect patient autonomy. As outlined in the National Library of Medicine’s book on informed consent, informed consent “is to ensure that patients are fully informed about the medical procedures or treatments they are about to undergo, enabling them to make autonomous decisions about their care.”
Patients should be able to make decisions aligned with their values, beliefs, and preferences and free from coercion. Healthcare providers are expected to offer patients all relevant information, so patients understand the nature of the proposed treatment and its potential outcomes.
On the legal side, informed consent protects healthcare providers from liability. If a patient suffers an adverse outcome, the documentation of informed consent proves that the patient was informed about the risks and benefits of their treatment options.
It shows that the provider took the necessary steps to make sure the patient understood their options and the potential consequences.
Ultimately, informed consent upholds patient rights and provider responsibilities.
Elements of informed consent
The Joint Commission, an organization that accredits and certifies healthcare organizations, emphasizes documenting informed consent thoroughly. According to their guidelines, certain elements must be included in the documentation:
1. Nature of the procedure: The patient must be informed about what the procedure involves, its purpose, and how it will be performed.
2. Risks and benefits of the procedure: The risks, including potential complications, and the benefits of the procedure must be clearly explained to the patient.
3. Reasonable alternatives: Patients must be provided with information about reasonable alternative treatments, allowing them to make an informed decision based on their options.
4. Risks and benefits of alternatives: Informed consent also requires discussing the risks and benefits of alternative treatments, ensuring that the patient can compare their options.
5. Patient's understanding: Healthcare providers must assess the patient’s understanding of the information presented, where they fully comprehend the risks, benefits, and alternatives before making a decision.
Once these elements are addressed, the informed consent process becomes a transparent and collaborative decision-making tool that respects the patient’s right to choose their course of treatment.
Supporting informed consent with HIPAA compliant communication
As technology plays an increasing role in modern healthcare, providers must maintain the confidentiality and security of patient information, especially when communicating sensitive details about informed consent.
The Health Insurance Portability and Accountability Act (HIPAA) mandates that providers safeguard protected health information (PHI). Using HIPAA compliant solutions, like Paubox, to share information related to informed consent adds an extra layer of security, maintaining patient privacy.
Secure communication
HIPAA compliant emails use advanced encryption, access controls, and authentication measures to prevent unauthorized access to patient PHI. When a patient receives detailed information about a medical procedure or alternative treatments, using HIPAA compliant email safeguards this PHI during transit and at rest.
Promotes trust
HIPAA compliant email helps healthcare providers promote trust, improving the patient-provider relationship.
Supports understanding
Informed consent “ensures that patients understand the risks, benefits, alternatives, and potential consequences of medical interventions,” HIPAA compliant communication helps reinforce this by securely sharing these details.
Streamlines documentation
HIPAA compliant email platforms, like Paubox, help streamline the documentation process for informed consent, making it easier to maintain accurate records.
Legal protection
These digital records can be referenced if legal concerns arise, offering additional protection for the patient and the health care provider.
Read also: How HIPAA compliant email streamlines the prior authorization process
FAQs
How does encryption help HIPAA compliance?
Encryption converts the content of the email into a form that is only accessible to the authorized recipient and not any other person or system. It prevents unauthorized access, ultimately, upholding HIPAA regulations.
Do providers need patient consent for HIPAA compliant emails?
Yes, a provider must get explicit patient consent before sharing their PHI through HIPAA compliant emails.
Learn more: A HIPAA consent form template that's easy to share
Can HIPAA compliant emails improve patient satisfaction?
Yes, providers can use HIPAA compliant emails to keep patients informed, improving their overall satisfaction with care.
Read also: How automated HIPAA compliant emails can increase patient satisfaction
