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Considerations for Health Information Sharing in Pediatrics in the Era of the 21st Century Cures Act

January 07, 2022
  • 00:00Good evening and welcome to this
  • 00:03presentation sponsored by the
  • 00:05Yale Pediatric Ethics Program.
  • 00:08We have a terrific program for
  • 00:09you tonight and I wanna lay
  • 00:11out the plan for the evening.
  • 00:12Doctor Natalie Paessler is our guest
  • 00:14and she'll be joining us in just
  • 00:17a moment with her presentation.
  • 00:18I would like to let you know that this
  • 00:21program tonight will go as always from
  • 00:235:00 PM till two 6:30 PM Eastern Time.
  • 00:26Doctor Paisley will speak
  • 00:27for about 45 minutes,
  • 00:28give or take a bit and after that we'll
  • 00:31have a conversation as best we can.
  • 00:33And then in the zoom world.
  • 00:34I invite you to send your comments
  • 00:37or questions through through the Q
  • 00:38and a portion of the zoom function
  • 00:40and then I will read the questions
  • 00:42to doctor Paessler and we'll we'll
  • 00:44have a conversation from there.
  • 00:46We will have a hard stop.
  • 00:47As always at 6:30.
  • 00:48So I apologize in advance if I don't
  • 00:51get to your question or comment.
  • 00:53We have a couple of other programs
  • 00:54I want to mention to you that
  • 00:56are coming up soon.
  • 00:57Professor Keith Whaley was going
  • 00:59to talk about pain politics.
  • 01:00This is going to be a very interesting
  • 01:03conversation that's going to happen
  • 01:04on the 19th of January and our next
  • 01:06seminar on the afternoon of the 26th.
  • 01:07We have a very special program.
  • 01:09We have the the program for
  • 01:12biomedical ethics has the Yale
  • 01:14Symposium on Holocaust and Genocide,
  • 01:16and we have speakers from around the world.
  • 01:18Time to speak on a Holocaust and genocide,
  • 01:21not just the Nazi era,
  • 01:22but other aspects of Holocaust and genocide.
  • 01:25It should be really an extraordinary
  • 01:27program with some wonderful scholars and
  • 01:29you can find information about that on
  • 01:31our website at biomedical ethics at Yale.
  • 01:33And of course,
  • 01:34you can always reach out to Karen Kolb
  • 01:36or myself up for information on this,
  • 01:38but we look forward to seeing you
  • 01:40at one or both of those events.
  • 01:42The this symposium,
  • 01:43which is supported by the Lindenthal family,
  • 01:45is a pretty big event for
  • 01:47our program and for the.
  • 01:49University, but let's talk about tonight.
  • 01:52Tonight we have a problem that's
  • 01:55going to be addressed by an expert,
  • 01:56and so I think that we're interested
  • 01:58both in ethical considerations as
  • 02:00well as practical considerations,
  • 02:02and we're very fortunate that
  • 02:05that our friend, Bonnie Kaplan,
  • 02:07is very tuned into the world of Informatics,
  • 02:10told us that we have to get
  • 02:11Doctor Pager here if we can,
  • 02:12and we were very fortunate that Doctor
  • 02:15Natalie Pager accepted our invitation.
  • 02:16She's a board certified pediatric
  • 02:18intensivist and one of the first.
  • 02:20Board certified clinical in pharmacists.
  • 02:23She's a clinical professor of
  • 02:24pediatric critical care at Stanford
  • 02:26University School of Medicine.
  • 02:27She also serves as the chief
  • 02:29Medical Information Officer
  • 02:30at Stanford Children's Health.
  • 02:32Excuse me where she helped lead
  • 02:34the organization to an HIMS level
  • 02:377 EMR and analytics adoption,
  • 02:39as well as an HIMSS Davies
  • 02:41Award of Excellence.
  • 02:43Dr Pager holds a Masters
  • 02:44degree in medical education and
  • 02:46focused her thesis on the impact of
  • 02:49computerized clinical decision support tools.
  • 02:51On clinicians knowledge,
  • 02:52behaviors, and attitude,
  • 02:54Doctor Paylor has also been active in
  • 02:56shaping the curriculum for the emerging
  • 02:59specialty of clinical informatics.
  • 03:00She's the program director and Co.
  • 03:02Founder of the Stanford Clinical
  • 03:04Informatics Fellowship and one of the
  • 03:06first AC GME accredited fellowships in
  • 03:09Clinical informatics, and she chairs,
  • 03:11the national Community of Clinical
  • 03:13Informatics program directors.
  • 03:14She's clearly a national
  • 03:15leader in this field,
  • 03:17and we're very fortunate to have
  • 03:18some time with her this evening.
  • 03:20Thank you so much for joining us Natalie.
  • 03:22Natalie went to college or University
  • 03:23of Arizona and ever since then
  • 03:25seemed to have settled in Stanford
  • 03:27and just climbed up the chain.
  • 03:28There has accomplished many great
  • 03:30things and no doubt many more.
  • 03:31We're honored to have you here
  • 03:33with us this evening for the
  • 03:34Yale Pediatric Ethics program.
  • 03:35And with that I will happily turn
  • 03:37the program over to Doctor Paisley.
  • 03:39Natalie saw yours.
  • 03:41Thank
  • 03:41you so much Doctor Macario for
  • 03:43the wonderful introduction,
  • 03:44and it is my pleasure to
  • 03:45be able to speak with you,
  • 03:46and I will just put out the
  • 03:48disclaimer from the beginning, I think.
  • 03:50Unfortunately, I'm bringing much,
  • 03:51many more questions than answers
  • 03:52and very much looking forward to
  • 03:54the conversation at the end of this
  • 03:56talk I have had the great fortune to
  • 03:59work with a large number of amazing
  • 04:03leaders and thought and thoughtful
  • 04:06in pharmacist and pediatricians and
  • 04:09policymakers across the nation it.
  • 04:11Really trying to tackle some
  • 04:13of these issues tonight.
  • 04:14I'm going to try to focus more on
  • 04:17the kind of broader challenges and
  • 04:19policy questions and and bigger
  • 04:22picture issues and stay less
  • 04:24focused on the technical pieces,
  • 04:26but you'll see some of our
  • 04:29technical work work sleeping in.
  • 04:31I am also, as Mark mentioned,
  • 04:35the program director for the
  • 04:37Clinical Informatics Fellowship.
  • 04:38We have a we have an incredible
  • 04:41adolescent and pediatric informatics
  • 04:42group at Stanford Children's
  • 04:44Health and a fabulous fellowship
  • 04:46with truly outstanding fellows.
  • 04:48So I'll be highlighting a lot of the
  • 04:50work that they are doing along these lines,
  • 04:52and if there's any questions
  • 04:54about platics training,
  • 04:55please feel free to reach out to me.
  • 04:57Unfortunately for me,
  • 04:58no interesting disclosures to make.
  • 05:01The learning objectives.
  • 05:02Tonight I will be talking about
  • 05:03first kind of establishing some
  • 05:05of the positive implications of
  • 05:06the 21st Century Cures Act and
  • 05:07telling me what that is.
  • 05:09If you don't already know,
  • 05:10then talking specifically about
  • 05:12the challenges and and require
  • 05:13work that's need to be that needs
  • 05:15to be done around adolescent
  • 05:17sensitive health information.
  • 05:19Then going on to some of the specific
  • 05:22challenges around the mothers of
  • 05:24pediatric patients and finally at
  • 05:26the end I will touch on some of the
  • 05:30questions around how to protect.
  • 05:31Pediatric data through kind of
  • 05:34broader information sharing in health
  • 05:36apps and things along those lines.
  • 05:39So just for background,
  • 05:41hopefully everybody is aware
  • 05:42of the karzak by now,
  • 05:44but just in case so so the Cures
  • 05:46Act the 21st Century Cures Act
  • 05:49really is an extension of HIPAA,
  • 05:51so since the age of HIPAA,
  • 05:53you know 30 years ago.
  • 05:56Sweet patients have had the right to inspect,
  • 05:59review and receive copy
  • 06:00of their medical records.
  • 06:01Many people still don't realize that many
  • 06:03patients don't realize that many providers,
  • 06:05I think,
  • 06:05didn't realize that until it
  • 06:07became kind of more visible,
  • 06:08but HIPAA really is is what established
  • 06:10that that patients really do have a
  • 06:13right to their own medical records.
  • 06:14In 2016,
  • 06:15at the end of his term,
  • 06:18President Obama signed into law
  • 06:20the 21st Century Cures Act,
  • 06:22which was stated to focus on
  • 06:25expediting discovery,
  • 06:26delivery and development of new cures
  • 06:28and treatments and define this term of
  • 06:31interoperability and information blocking,
  • 06:33which I'll talk a little bit
  • 06:35more in a minute.
  • 06:36In March, March 9th.
  • 06:38To be exact of 2020,
  • 06:40the final rule of the 21st Century Cures Act.
  • 06:44Was was announced was
  • 06:46released and as all of you
  • 06:47no doubt remember, there were a few
  • 06:50other things going on at that time and
  • 06:52COVID pretty much took center stage
  • 06:55and nobody really noticed right away.
  • 06:57The specific details of of this final
  • 06:59rule except for those of us who
  • 07:01have been waiting for it patiently.
  • 07:03And then in April of last year or
  • 07:06the final rule finally took place,
  • 07:09implementing the first pieces of
  • 07:13prohibition of information blocking.
  • 07:15So what is information blocking
  • 07:17according to the the final rule,
  • 07:19it is a practice that accepts,
  • 07:20as required by law,
  • 07:22or covered by an exception,
  • 07:24is likely to interfere with access, exchange,
  • 07:26or use of electronic health information.
  • 07:30And who is subject to it?
  • 07:32Well, us as healthcare providers health
  • 07:34IT developers of certified health.
  • 07:36IT like your large.
  • 07:38Each PHR vendors like Epic and Cerner
  • 07:40and then health information networks
  • 07:43and health information exchanges.
  • 07:46For the first part of the final rule,
  • 07:48and that went live in April 2021,
  • 07:50the information that was included
  • 07:53in information blocking was the
  • 07:55list that you see here.
  • 07:56It's still fairly broad,
  • 07:58so it includes your most notes,
  • 08:01allergies, problems, medications,
  • 08:04labs, immunizations, vital signs,
  • 08:07fairly broad,
  • 08:09but doesn't include everything that might
  • 08:11be in the medical record as of next October,
  • 08:14October 22.
  • 08:15Information and blocking is supposed
  • 08:17to be expanded to all electronic
  • 08:20health information and all of us in
  • 08:22the community are quickly trying to
  • 08:25understand exactly what that means,
  • 08:27so more to come on that front.
  • 08:30I'll just note real quick that
  • 08:32even though this this rule went
  • 08:35into effect in April of last year,
  • 08:37there really hasn't been
  • 08:40enforcement defined for providers.
  • 08:42So so enforcement of the regulation
  • 08:45depends on whether you're talking about.
  • 08:49Whether you're talking about a which
  • 08:51kind of actor you're talking about at
  • 08:53large vendor versus individual providers,
  • 08:55and there's future rulemaking
  • 08:57that's supposed to establish the
  • 08:58disincentives for providers,
  • 09:00so still a lot more to come on.
  • 09:01How this rule is enforced,
  • 09:03and I, I really think about this,
  • 09:04you know, like Hippo,
  • 09:05like Hippo was passed back in 1996,
  • 09:07and we have been trying to sort out
  • 09:11the details for the last several
  • 09:12decades since and have understood
  • 09:14more and more what it means and
  • 09:16how it will be enforced.
  • 09:17And I expect the 21st Century Cures
  • 09:19Act to be the same way, well.
  • 09:21Where we will be sorting out the
  • 09:23details and seeing how it's seeing how
  • 09:24it's enforced over the next several decades.
  • 09:28What does this mean for
  • 09:30patients and families though?
  • 09:31And and I think there are some really
  • 09:35positive steps forward and some real
  • 09:38potential for empowering engaging
  • 09:39families with many of the stipulations
  • 09:42of the of the 21st Century Cures Act.
  • 09:44So the open notes movement.
  • 09:46If you aren't familiar with it,
  • 09:48definitely recommend checking
  • 09:50out their website.
  • 09:51They have been pushing again
  • 09:53for several decades to increase
  • 09:55information sharing with patients to
  • 09:57share clinical notes with patients
  • 09:59and their families.
  • 10:00As a way of promoting transparent
  • 10:03communication,
  • 10:03engaging patients and their families,
  • 10:05and really empowering them to
  • 10:06take care of their own health.
  • 10:08And they have tons of
  • 10:10information on their website.
  • 10:12There have been multiple studies
  • 10:13that have been done on open notes.
  • 10:16Tom del del Banco is really
  • 10:18just an international leader
  • 10:20on this movement and has helped
  • 10:22spur lots of lots of research.
  • 10:27But there hadn't been a whole lot
  • 10:29of information or a whole lot of
  • 10:31information or research about how
  • 10:32to to do this in Pediatrics so.
  • 10:36Several years ago,
  • 10:37our organization tried to start
  • 10:39rolling this out in Pediatrics and to
  • 10:41try to start getting some information
  • 10:43about what this might mean and how
  • 10:45you might do this in Pediatrics.
  • 10:47So Chaffin, who's pictured here
  • 10:48is one of our clinical traumatics
  • 10:50fellows from several years ago,
  • 10:51and he's now leading national
  • 10:53efforts to continue this work,
  • 10:56but he helped write a perspective for
  • 10:59saying why we really should think
  • 11:02about open notice for Pediatrics and
  • 11:04what the specific advantage were.
  • 11:06Advantages are for Pediatrics,
  • 11:08and so you know one notable aspect
  • 11:11of Pediatrics is that we often
  • 11:13have multiple caretakers taking
  • 11:15care of the same patient.
  • 11:16So a mother or father,
  • 11:17grandparents, teachers,
  • 11:18caregiver,
  • 11:18whoever may be in charge of taking
  • 11:21care of that patient needs to
  • 11:22know what's going on with their
  • 11:24their medical care and how to give
  • 11:26them their medications or how to.
  • 11:28Or you know how to treat whatever
  • 11:31whatever medical condition they have,
  • 11:32and so sharing clinical notes may be
  • 11:34one way to help multiple caretakers.
  • 11:36Stay on top. Stay on the same page.
  • 11:40Also,
  • 11:41for for children you know complex
  • 11:44children who are being cared for by
  • 11:48multiple different subspecialists in
  • 11:50addition to their primary pediatrician.
  • 11:52The open notes movement and and
  • 11:54sharing of clinical notes may help
  • 11:57the family coordinate all those
  • 11:59multiple different clinicians.
  • 12:01And then finally he spoke specifically
  • 12:04about how this may be part of the.
  • 12:08Part of the process to help adolescents
  • 12:11learn their medical history and
  • 12:14start taking on their own care as
  • 12:16they transition into adulthood.
  • 12:21So we rolled out.
  • 12:23We rolled out open notes for several
  • 12:26of our pediatric subspecialties
  • 12:28and then and then did a survey of
  • 12:32our of our patients who received
  • 12:34these open notes and what we did
  • 12:36was was copy a survey that had
  • 12:39been done in the adult literature,
  • 12:40and there's several limitations
  • 12:41to this survey. It was, you know,
  • 12:43we did it as a convenience sample.
  • 12:45We and it was a relatively small sample,
  • 12:48but what I think was encouraging was
  • 12:50that we saw the same general patterns
  • 12:52that they had seen in this very large.
  • 12:54Adult randomized study.
  • 12:57And So what we saw was that patients
  • 13:00and families generally thought
  • 13:02that the notes were accurate,
  • 13:03that they thought that the notes
  • 13:05were either very easy or somewhat
  • 13:07easy to understand in most cases,
  • 13:09and that's that's important because
  • 13:10a lot of people thought that
  • 13:11when you started sharing clinical
  • 13:13notes with patients and families,
  • 13:14they wouldn't understand the medical jargon.
  • 13:18They felt that generally reading the
  • 13:20notes either made them feel better
  • 13:23or the same about their child doctor
  • 13:25and a small but significant number
  • 13:27did contact the child doctor about
  • 13:30something they read in their notes,
  • 13:32and that's important one because it
  • 13:34it suggests that there is potential
  • 13:37to help clarify the communication
  • 13:39between the provider and the
  • 13:42family and potential to correct
  • 13:44any misstatements in the notes.
  • 13:47But it also has significant implications.
  • 13:49Or increased burden on providers
  • 13:51as they have to now answer
  • 13:53these additional inquiries.
  • 13:54So I think interesting implications
  • 13:57on either side of of that coin.
  • 14:00But what I think was kind of most
  • 14:03compelling was some of the mess.
  • 14:05Some of the free text responses that
  • 14:06we got from patients and families.
  • 14:08And this is one example that I
  • 14:09think was particularly poignant.
  • 14:10Just going to read it.
  • 14:11'cause this parent does a much
  • 14:13better job speaking to this than
  • 14:14I could open notes are amazing.
  • 14:16I wish all my son specialists did this.
  • 14:18It has allowed his primary care
  • 14:19physician to understand his case better.
  • 14:21Allowed me to print out neurology reports
  • 14:23for his school for IEP testing purposes,
  • 14:26and refer back to our
  • 14:27previous care decisions,
  • 14:28which change often with a
  • 14:30medically complicated child.
  • 14:31Honestly,
  • 14:32my son's disorder is so rare and complicated,
  • 14:35we are often the experts educating
  • 14:37other doctors and so having access
  • 14:39to everything makes it far easier
  • 14:41for me to provide the full context
  • 14:43to each new physician we meet.
  • 14:44And there are a lot of them.
  • 14:46I really wish that more doctors
  • 14:48use these open notes,
  • 14:50and of course this was before the
  • 14:51Cures Act and so now doctors across
  • 14:53the nation are using open notes
  • 14:55or sharing their clinical notes
  • 14:57because there is this mandate.
  • 14:59But I think this really speaks
  • 15:01to the potential.
  • 15:01For open notes to help create transparency,
  • 15:05help empower patient patients and
  • 15:09families to really take optimal
  • 15:13care of their medical needs.
  • 15:16There are exceptions to the information
  • 15:18blocking provisions that are
  • 15:20included in the Cures Act.
  • 15:21The two that come up most relevantly
  • 15:23for providers in particular are
  • 15:25the preventing harm exception
  • 15:27and the privacy exception.
  • 15:28The preventing harm exception says
  • 15:31that if providers believe that
  • 15:33there is an imminent risk of harm
  • 15:36to the patient or someone else by
  • 15:39that note being released to them,
  • 15:40then the note can be withheld.
  • 15:42The privacy exception says that
  • 15:44if the patient says they don't
  • 15:45want their nose really.
  • 15:46Note released electronically for any reason.
  • 15:48Then it can be withheld.
  • 15:50The rest of these are a little
  • 15:52bit kind of more systemic.
  • 15:54The systemic level,
  • 15:56the two that I'll point out,
  • 15:57is the feasibility exception and
  • 15:59the content and manner exception,
  • 16:01and we'll talk a little bit more about those.
  • 16:03But basically it says if it is infeasible
  • 16:05to electronically share our information,
  • 16:07health information in the
  • 16:09way that the patients want,
  • 16:11then you may suggest an alternate
  • 16:13content and manner to release it.
  • 16:15And So what that often
  • 16:16means is going back to our.
  • 16:18More traditional release of records
  • 16:19through the medical records process,
  • 16:21which may be PDF form or paper format
  • 16:23or something like along those lines
  • 16:26and that becomes very important when
  • 16:27we look at Pediatrics and some of the
  • 16:30challenges of separating out information.
  • 16:32I'll just mention briefly,
  • 16:33child abuse and neglect as one of the
  • 16:37areas that is frequently raised as an
  • 16:40area of concern with release of notes.
  • 16:43I think that there are pretty
  • 16:45clear protections for this.
  • 16:46There you'll hear you'll
  • 16:47hear debate back and forth,
  • 16:49and there are definitely lots
  • 16:50of people talking about this,
  • 16:52and I and I think it does
  • 16:53take a certain nuance.
  • 16:54And again,
  • 16:56this is where it will be interesting
  • 16:58to see how the Cures Act is enforced
  • 17:01and and if these issues bear out.
  • 17:03But there is the preventing harm exception,
  • 17:05so if a provider thinks that that
  • 17:08releasing the information to the parent,
  • 17:10could you know lead to
  • 17:11further abuse or neglect?
  • 17:13And then they can withhold the note
  • 17:15because they're trying to prevent harm.
  • 17:17There is also definitions in both
  • 17:19HIPAA and in in the Cures Act
  • 17:21that say that electronic health
  • 17:23information does not include
  • 17:24information compiled and reasonable
  • 17:26anticipation of or for use in a civil,
  • 17:29criminal or administrative
  • 17:29action or proceeding.
  • 17:30So if it's information that is
  • 17:32specifically that you think is
  • 17:33going to be used in a court case,
  • 17:35you know around child abuse and
  • 17:38neglect that can be withheld.
  • 17:41But again, as I mentioned at the beginning,
  • 17:44Hip a really established patients
  • 17:46rights to their medical record and
  • 17:49so many of these issues are not new,
  • 17:52it's just that they are it.
  • 17:53They're much more apparent because
  • 17:55now information is being kind
  • 17:57of pushed out electronically
  • 17:58or much more easily available.
  • 18:00But these issues have existed
  • 18:01since the time of HIPAA,
  • 18:03so I so I,
  • 18:03you know,
  • 18:04really suggest that everybody
  • 18:05works with their compliance and
  • 18:07health information management
  • 18:09departments to understand.
  • 18:11There are protections
  • 18:13about around this document
  • 18:15documentation and make sure that.
  • 18:18Be that that they have adapted
  • 18:21their their procedures for
  • 18:23the exchange of electronic
  • 18:25information in a similar manner.
  • 18:30But what I'm gonna spend a big chunk of time
  • 18:34talking about is adolescent confidentiality.
  • 18:38Because this is a very kind of tricky area
  • 18:41that I think has significant implications
  • 18:45for adolescents and young adults as they
  • 18:49as they transition their care and again,
  • 18:52all of these issues you know theoretically
  • 18:54existed since the time of HIPAA,
  • 18:56but they've just become magnified with
  • 18:59with the new provisions of the jurors act.
  • 19:02So HIPAA says that as it applies to minors.
  • 19:07Legal guardians usually have a
  • 19:08right to the medical records for
  • 19:10their children under the age of 18,
  • 19:12with three major exceptions,
  • 19:13one is when the minor obtains care
  • 19:16at the direction of the court.
  • 19:17Two is when the parents you know agrees
  • 19:19that the clinician in minor may have a
  • 19:22confidential relationship and three is
  • 19:24when the minor has consented for the
  • 19:25care and consent of the parent is not
  • 19:28required by state or other applicable law,
  • 19:30and it's that third one that
  • 19:34gets really tricky because.
  • 19:36There are 51 different sets of state
  • 19:39laws around adolescent consent to care,
  • 19:42and this this variation across our
  • 19:45country makes it incredibly challenging
  • 19:48to figure out how to how to apply
  • 19:51HIPAA and the Cures Act.
  • 19:53So when you look across all you know,
  • 19:55all 50 States and the District of Columbia.
  • 19:59All all States and and DC have some.
  • 20:03Version of adolescent consent laws.
  • 20:06All of them have some some
  • 20:09stipulation around STI care,
  • 20:11sexually transmitted infection care,
  • 20:12but from there it varies incredibly,
  • 20:15and I'll say that I'm going to show it
  • 20:17a little bit more detail in a minute.
  • 20:19I'm I'm fairly lucky.
  • 20:20I feel to live in the state of
  • 20:22California where we have very robust
  • 20:25adolescent consent laws,
  • 20:26but it is incredibly variable and this
  • 20:28is one of the areas where I really
  • 20:31feel like pediatricians and physicians.
  • 20:34And and and advocates for children and
  • 20:37adolescents really need to continue to
  • 20:40work with with state lawmakers so that
  • 20:43we can get some type of consistency.
  • 20:46Because as you'll see in a minute
  • 20:49becomes almost impossible to meet
  • 20:51the varying sets of laws.
  • 20:54So why is adolescent privacy important?
  • 20:58There are, there's a lot of different data
  • 21:01out there on the effects of adolescents,
  • 21:03assurances of confidentiality,
  • 21:04and how that affects adolescent care.
  • 21:07And basically, if adolescents don't
  • 21:10aren't assured of confidentiality,
  • 21:12they may share fewer numbers of
  • 21:15problems during an encounter.
  • 21:17They may forego,
  • 21:18forgo getting care at all because of
  • 21:21concern that their parents may find out.
  • 21:23There's also the theoretical risk of,
  • 21:26or sometimes real risk of
  • 21:27corrosion that a parent may.
  • 21:29For such an adolescent to consent to
  • 21:32care that they should have a right to,
  • 21:35in a way that they that they
  • 21:37would not otherwise choose to,
  • 21:39and then concerns around abuse and neglect.
  • 21:40And there are a few rare cases
  • 21:42where an adolescent is,
  • 21:43you know,
  • 21:44is abused or kicked out of their house
  • 21:46because of something that their parent
  • 21:48bangs out related to their medical care.
  • 21:52So with adolescents, we're left with
  • 21:54this balance of you know there all the
  • 21:56things that we talked about with the how,
  • 21:59how sharing of health information
  • 22:00can empower the patient,
  • 22:02the family, those still hold true,
  • 22:04especially for our, you know,
  • 22:07adolescents with complex medical
  • 22:08issues and and and in most cases.
  • 22:11Thankfully, you know,
  • 22:12having the family involved and
  • 22:13hearing most of the information is
  • 22:15going to be better for helping that
  • 22:17adolescent manage their their medical
  • 22:20care and transition into adulthood.
  • 22:22But really,
  • 22:23trying to balance that with ensuring
  • 22:25that where it's necessary we have
  • 22:27confidential adolescent treatment
  • 22:29so that adolescents will seek
  • 22:31out the care that they need and
  • 22:32prevent very serious long term
  • 22:34consequences of not getting that care.
  • 22:39So as I mentioned in California,
  • 22:41where I feel very lucky honestly to
  • 22:43have such robust minor consent laws,
  • 22:45and so we have consent laws that protect
  • 22:49an adolescence ability to consent and
  • 22:51therefore have privacy around birth control,
  • 22:54pregnancy, abortion,
  • 22:55sexually transmitted infections,
  • 22:57HIV testing, sexual assault,
  • 22:58care, alcohol, drug counseling,
  • 23:00and mental health treatment.
  • 23:02There's a few kind of stipulations
  • 23:03and and minor exceptions there,
  • 23:05but for the most part,
  • 23:06adolescents have the right
  • 23:07to consent to that care.
  • 23:09And therefore again have a right
  • 23:12to confidentiality around that
  • 23:13part of their medical record.
  • 23:16So, given HIPAA and the Cures Act
  • 23:18and then our and then our robust,
  • 23:21you know California adolescent consent laws.
  • 23:24How do we figure out information
  • 23:25sharing and who do we share
  • 23:27information with electronically?
  • 23:29Do we share it with the team?
  • 23:29Do we share it with the parent?
  • 23:31Gets really complicated really quickly.
  • 23:34And again, there are lots of amazing,
  • 23:36wonderful people working on
  • 23:37this across the country.
  • 23:38And if there's a there is a
  • 23:40ton more work to go on to go.
  • 23:42Like I said, unfortunately,
  • 23:43I'm going to be raising more
  • 23:44questions than answers today.
  • 23:45But we have been partnering with
  • 23:47the American Academy of Pediatrics,
  • 23:48Children Health Association
  • 23:49Society for Adolescent Health,
  • 23:51the American Medical Informatics Association.
  • 23:53We have a CMIO for kids,
  • 23:54Lister with all the pediatric
  • 23:57informatics across the nation.
  • 23:59Epic.
  • 23:59We are an epic sites open partnering
  • 24:02with epic Azari HR vendor.
  • 24:04They have several steering boards
  • 24:06and and development teams.
  • 24:08And then there's also this national
  • 24:10movement called protecting privacy
  • 24:11to promote interoperability.
  • 24:12P P2P. Super easy to say.
  • 24:15But this is a group that is
  • 24:18is really looking at the the
  • 24:20challenges and the importance of
  • 24:22segregating information within the
  • 24:24medical record to appropriately
  • 24:26protect sensitive information.
  • 24:28And one of the use cases they are
  • 24:30looking at is this adolescent use case.
  • 24:33We also when we you know knew
  • 24:35about the Cures Act coming,
  • 24:38got a coalition of pediatric infamous
  • 24:40across the state of California together
  • 24:43to meet on a regular basis to talk about,
  • 24:47you know,
  • 24:48how do we specifically go forward and
  • 24:51implementing the Cures Act in California,
  • 24:53and I strongly recommend that
  • 24:55that every state do this,
  • 24:57especially while we have these incredibly
  • 25:00bearing adolescent consent laws,
  • 25:02because there are such different.
  • 25:04Situations per state that it.
  • 25:07I think it's really helpful to have
  • 25:09your colleagues across the state work
  • 25:11together to figure out how do we.
  • 25:13How do we implement?
  • 25:14How do we implement this appropriately
  • 25:16in the context of our state laws?
  • 25:18And again, pictured here?
  • 25:19Drew Bedgood is one of our current
  • 25:21clinical informatics fellows,
  • 25:23pediatric pediatrician,
  • 25:24and he really helped lead some of
  • 25:27the work to inform this group shape.
  • 25:29This group and then do a survey of this
  • 25:32group to understand the effects of.
  • 25:34Our work together and I'll talk
  • 25:35about that in just a minute.
  • 25:37So just I'm again.
  • 25:38I'm not going to go into some of
  • 25:40the technical details or some
  • 25:41of the specific
  • 25:42work that we have done to to break
  • 25:45apart adolescent information,
  • 25:46but just highlighting that the
  • 25:48protected adolescent information,
  • 25:50the sensitive adolescent information
  • 25:53about their STI's or their medications,
  • 25:56or their pregnancies, any of that can
  • 25:58live in multiple different places,
  • 25:59so it might be visible on appointments
  • 26:02and problem list and medication lists.
  • 26:04In lab and radiology studies,
  • 26:07question of whether you worry
  • 26:09about their immunizations or their
  • 26:11allergies to a birth control Med.
  • 26:13For example, I'll say we have
  • 26:15decided not to worry about that,
  • 26:16but that is still a question.
  • 26:18Notes obviously contain that
  • 26:19information and then billing is
  • 26:22often a very hard piece to protect,
  • 26:24so you may protect everything
  • 26:25else and then if the family gets
  • 26:27the bill for the pregnancy test,
  • 26:28that could be the the way that
  • 26:30they inappropriately get notified
  • 26:32of that of that information.
  • 26:34Again,
  • 26:34luckily in California we have
  • 26:36something called the California Family
  • 26:38Pact program where we can build
  • 26:42medikal for these sensitive tests
  • 26:44so we have a way to print bills,
  • 26:46but that is often a challenge that
  • 26:48comes up in other areas, and so again.
  • 26:52This is where we go back to the
  • 26:54exceptions of to the Cures Act in that
  • 26:57if it is infeasible to separate out
  • 26:59the sensitive information and release
  • 27:01only the non sensitive information,
  • 27:03then you can go to content and manner
  • 27:05and so this is what we are still
  • 27:07doing for the most part there's a
  • 27:08lot more technical work group we have
  • 27:10going that I can speak to in more
  • 27:11detail for anybody who's interested
  • 27:13in the informatics solutions,
  • 27:14but for the most part we are still
  • 27:16referring a lot of our adolescent
  • 27:18information sharing to our medical
  • 27:19records team and where we manually
  • 27:21redact a lot of information and then
  • 27:23give the information to either the team.
  • 27:25Or the parent as appropriate.
  • 27:28When we surveyed our Group of
  • 27:30pediatric informaticists across
  • 27:31the state of California,
  • 27:33what was interesting is the the blue line.
  • 27:36Here is the ideal state and
  • 27:38everybody in the group or all the
  • 27:40health institutions and involved
  • 27:41in the group agreed that the ideal
  • 27:43state for information released to
  • 27:45the adolescent would be that they
  • 27:47get all of the information.
  • 27:49But because of technical limitations,
  • 27:51you see that there was quite a variety,
  • 27:53quite quite a lot of variability in
  • 27:55the ultimate solution as of last.
  • 27:57April, so some places released all content.
  • 27:59If you only a few,
  • 28:01several released only non sensitive
  • 28:03content and then there's 11 institution
  • 28:06that does has no way to ever use
  • 28:08any content adolescents and there's
  • 28:10lots of lots of nuances within
  • 28:12even within those columns.
  • 28:15Similarly for information
  • 28:16released to the adolescent proxy,
  • 28:18so to the parent in most cases everybody
  • 28:21agreed that only the non sensitive
  • 28:24content should ideally be released
  • 28:26to the to the proxy to the parent.
  • 28:28But again, because of technical limitations,
  • 28:31people had to decide,
  • 28:31kind of which,
  • 28:32which was the lesser of two evils,
  • 28:34and so so. 9 institutions were able to
  • 28:37release only non sensitive content,
  • 28:40but that star there is that they were not
  • 28:42able to release all of the non non sensitive
  • 28:44content that they would like to release.
  • 28:46Several institutions were were not able
  • 28:48to release any content for a variety of
  • 28:51technical technical reasons or decisions.
  • 28:53Again deciding kind of between the the
  • 28:56best option amongst not so great. Options.
  • 29:01And then just one other one
  • 29:03other piece to highlight,
  • 29:05which I think has some super
  • 29:08interesting implications.
  • 29:09We did some work and we do have
  • 29:11it so we have an adolescent teen
  • 29:13account and a team portal account.
  • 29:16So theoretically the team can have
  • 29:17their own portal and then the
  • 29:19parents should have their own portal,
  • 29:21but we have not, as I mentioned,
  • 29:23released a lot of information to
  • 29:25teens through the portal that
  • 29:27their parents don't get because
  • 29:29of some of the challenges.
  • 29:31And and one of the things that we
  • 29:34looked at is we had some very clear
  • 29:37indications that parents often
  • 29:39had access to the team portals,
  • 29:41even though it was supposed to be.
  • 29:43It was supposed to be a confidential
  • 29:45account that only the team would
  • 29:47have access to.
  • 29:48So we did a large study where we did
  • 29:50manual inspection of the accounts.
  • 29:52We looked at the parents email address
  • 29:54compared that to the email address
  • 29:56associated with the teenage accounts,
  • 29:58and also did some natural language
  • 29:59processing of the portal messages.
  • 30:01And showed that through
  • 30:02all this message message.
  • 30:03These methods that well over half
  • 30:0757% of our supposed confidential
  • 30:10teen accounts were actually being
  • 30:12accessed by the parents or proxies.
  • 30:15And so to look and see how big an
  • 30:17issue this was at other Children's
  • 30:19Hospital we partnered with Rady
  • 30:21Children's and with Nationwide
  • 30:22children and took just the natural
  • 30:24language processing part of the
  • 30:26algorithm of the of the method.
  • 30:28So just for looking at only.
  • 30:31Where a message went back and forth
  • 30:33between the provider and the supposed
  • 30:35teen and evaluating that message
  • 30:37to see if it was obvious that it
  • 30:39might be the parent talking instead
  • 30:41of the teen and just looking at
  • 30:43that method or show we're able to
  • 30:45show that more than half of those
  • 30:47team portal accounts at all three
  • 30:48of these children's hospitals were
  • 30:50being accessed inappropriately
  • 30:51by the parents of the guardians.
  • 30:55It the IT decreases and sorry,
  • 30:57this graph isn't perfect,
  • 30:58but it it the rate decreases as
  • 31:00the as the child gets older the
  • 31:01teens get older but it's still.
  • 31:03It's still very significant at
  • 31:05at least 40% inappropriate access
  • 31:06for even those 17 to 18 year olds.
  • 31:09So again,
  • 31:09just highlighting that there's
  • 31:11so much work to do.
  • 31:12And even if we think we know how
  • 31:14we want to separate out data for
  • 31:16teens and for for our parents,
  • 31:18we have these huge challenges around.
  • 31:20How do we even ensure that we have
  • 31:23confidential accounts and communication?
  • 31:25Of the teens where we think we do.
  • 31:29There's lots of reasons for for
  • 31:31why this might be happening.
  • 31:33I'm I'm not going to go through,
  • 31:36go through all of this.
  • 31:37We've been looking through that.
  • 31:38We've been doing a ton of work
  • 31:40to try to address it,
  • 31:41but there's a lot more to do
  • 31:44and I'll just say.
  • 31:45This is where you kind of
  • 31:47really get into back.
  • 31:47You know that back to that
  • 31:49scale and weighing the
  • 31:50pros and cons of how best to proceed.
  • 31:53Because in our first pass.
  • 31:55We identified all of the supposedly
  • 31:58corrected accounts accounts
  • 31:59where the parents had access.
  • 32:01We tried to address to reach out to
  • 32:04patients and parents and fix them,
  • 32:06but ultimately we're not able to reach
  • 32:08a lot of those patients and parents and
  • 32:12ended up deactivating 1800 more than 1800
  • 32:15accounts that we thought were compromised.
  • 32:17So it gets to, you know then,
  • 32:19are you accidentally,
  • 32:21or you know or purposely.
  • 32:23Restricting access to
  • 32:25information to those teens.
  • 32:28So these were really challenging questions,
  • 32:30and again,
  • 32:30I'm so thankful we have so many great
  • 32:32people working on this across the nation,
  • 32:34but it's absolutely critical that we
  • 32:36keep focusing on this to get to the
  • 32:38right answer so that we can reap the
  • 32:40benefits of of creating transparency
  • 32:43and empowering our patients and families.
  • 32:47And before I transition to
  • 32:50a two mothers information,
  • 32:52I'll just highlight one other area.
  • 32:55That's that.
  • 32:55I think people need to think about,
  • 32:57and this is the area of diminished capacity.
  • 33:00So you know,
  • 33:01for adult patients greater than 18,
  • 33:03you can establish legal conservatorships.
  • 33:06And if you know if a if a
  • 33:09if a person over 18 has,
  • 33:11you know significantly diminished
  • 33:12capacity where they can't take care of
  • 33:14themselves and they can't take care
  • 33:15of their own medical information,
  • 33:16you can establish conservatorships and
  • 33:17then you can have a guardian that gets.
  • 33:19Access to all their information in cases
  • 33:22of diminished capacity for a teenager.
  • 33:24For somebody who's less than 18,
  • 33:25it gets a little bit more complicated
  • 33:27because theoretically, according to HIPAA,
  • 33:30the Guardian already has.
  • 33:32Has a right to their information,
  • 33:34except for these you know,
  • 33:35except for these state consent
  • 33:36laws and so in the case where the
  • 33:39adolescent would not be would not
  • 33:41have the capacity ever to consent
  • 33:43for the care that's protected by
  • 33:45those adolescent state consent laws.
  • 33:48It's important to have a process
  • 33:49that you can establish that.
  • 33:50So then the parents or the guardians
  • 33:52can get access to all the information
  • 33:54again so that they can best take
  • 33:56care of that patient,
  • 33:57and so we have a diminished
  • 33:58capacity workflow.
  • 33:59Many other children hospitals do,
  • 34:01but it's just,
  • 34:01uh,
  • 34:02it's the slight nuance that it's
  • 34:03important to think through in order to
  • 34:05make sure that you are not causing harm.
  • 34:07To those you know,
  • 34:08often very complex adolescents who
  • 34:10some of the some of the consent
  • 34:12laws don't actually apply to.
  • 34:17Alright, I'm transitioning significantly
  • 34:19to mother sensitive data and I
  • 34:21only have a few slides on this,
  • 34:24and I know Doctor Mercurio has
  • 34:25thought thought a lot about this,
  • 34:27so this is an area that I would love
  • 34:30to talk more about in that honestly
  • 34:33we are only starting to address
  • 34:35at our organization and that is
  • 34:38mothers data in the babies chart,
  • 34:40so historically, mothers information
  • 34:42that is believed to be relevant to the.
  • 34:46You know to the baby's health has
  • 34:49has automatically or or manually
  • 34:51been copied into the baby's chart,
  • 34:53and that includes things like
  • 34:55prior pregnancy histories,
  • 34:56abortion histories, miscarriage histories,
  • 34:59sexually transmitted, infections,
  • 35:01alcohol, drug medication histories,
  • 35:03mental health issues,
  • 35:05and other relevant medical conditions.
  • 35:07So it can be incredibly
  • 35:09sensitive information.
  • 35:10And when you realize you know
  • 35:11it's one thing if that's in the
  • 35:13mother's chart and she has control
  • 35:15over who gets that information.
  • 35:17When it's in the babies chart,
  • 35:18suddenly the other guardian,
  • 35:21the father,
  • 35:23or you know,
  • 35:24court appointed guardian or whoever
  • 35:26also has access to that very
  • 35:28sensitive information and that
  • 35:30can come up in custody battles.
  • 35:31Or it can cause you know.
  • 35:33Harmed relationship.
  • 35:34Where a father friends at something
  • 35:36he didn't know about.
  • 35:37Incidentally through through this mechanism.
  • 35:41Additionally, the baby,
  • 35:43when they reach adolescence,
  • 35:45or at least by the time they reach adulthood,
  • 35:48will then have access to it so a
  • 35:50mother may not want to share her.
  • 35:52Her abortion history with her 12 year
  • 35:55old right or or her drug and alcohol issues,
  • 35:59or any of that.
  • 36:00And yet, if it becomes part of the baby's
  • 36:02chart and then the baby gets access to it,
  • 36:05suddenly it's taken out of
  • 36:07the mother's hands again.
  • 36:09These are not new issues.
  • 36:11So again,
  • 36:12since the time of hip up,
  • 36:14patients have theoretically
  • 36:15had a right to the record,
  • 36:16but it wasn't as prevalent.
  • 36:19Many people didn't know that many people
  • 36:21didn't access that record and and now
  • 36:24it's just so much easier to get that.
  • 36:25And then I'd like Tronic form,
  • 36:27so these issues are just being
  • 36:28resurfaced because of ubiquity.
  • 36:30Ubiquity of information sharing in
  • 36:33the easy nature in electronic format.
  • 36:35This is an article back in
  • 36:37the AP news back in 2014.
  • 36:39Kind of talking about this
  • 36:40in the Pre Cures Act.
  • 36:42Age and and you can really see.
  • 36:46I don't know.
  • 36:46I think of it as as the paternalism.
  • 36:48You know, the kind of built
  • 36:50in paternalism in Pediatrics,
  • 36:51where we really are.
  • 36:53You know are trying to take care
  • 36:55of the baby and and think that is
  • 36:58absolutely necessary that we use the
  • 37:00mothers information to take care of the baby.
  • 37:02And you know,
  • 37:02with the best of intentions.
  • 37:03So newborn ZHR contains
  • 37:05information about current health
  • 37:06and past history of the mother.
  • 37:08Some of this information is critically
  • 37:10important to the inference care,
  • 37:11gestational diabetes or
  • 37:12active use of illegal drugs.
  • 37:14But some maybe not unnecessary.
  • 37:16And so the nursery record
  • 37:17is unique in that it
  • 37:18contains both. It contains HIPAA
  • 37:20protected health information for
  • 37:22more than one individual, and.
  • 37:25And clearly you know the
  • 37:28information from the mother has has.
  • 37:31Can have significant implications on
  • 37:34the baby's health and and I would
  • 37:37wholeheartedly agree that having access
  • 37:39to that in the inn as we care for the
  • 37:42baby will help us care for the child.
  • 37:44I think we're gets challenging is that
  • 37:46there has just been this practice,
  • 37:48but you know,
  • 37:49in the way that babies are delivered
  • 37:50and their mothers chart is there,
  • 37:52and then you're immediately taking care
  • 37:53of the baby and the Dell room and you
  • 37:55got the mother and the baby's chart
  • 37:56where the mothers information is just
  • 37:57automatically copied in the babies
  • 37:59chart without the mothers awareness.
  • 38:01I think in most cases and we don't
  • 38:03see the similar similar processes
  • 38:05having happen with father's.
  • 38:07I think most compliance officers,
  • 38:11most infamous would be aghast if we said,
  • 38:14yeah, I'm just going to open
  • 38:15the father's chart and.
  • 38:15And you know,
  • 38:16automatically copy anything that's
  • 38:18pertinent about the father's
  • 38:19health into the babies chart.
  • 38:20We just wouldn't do that,
  • 38:23even though it may be very relevant
  • 38:25to the to the child health.
  • 38:27And yet, in the case of the mother baby bond,
  • 38:29we we somehow think that that
  • 38:30it's OK to kind of automatically
  • 38:32put that in the baby's chart.
  • 38:34And I'm being a little bit provocative here.
  • 38:36I think most people realize there
  • 38:38are significant implications,
  • 38:39and there has been a lot of work done.
  • 38:41And I know Doctor Mercurio had there
  • 38:42can speak to some of the interesting
  • 38:44work that's been done here at Yale.
  • 38:46And but I I think it is incredibly
  • 38:49important that one we are very thoughtful
  • 38:51in what information goes in there.
  • 38:53And and two,
  • 38:54I really think we need to kind
  • 38:56of rethink about our processes
  • 38:57and the awareness that we.
  • 39:02Think about, think about our process
  • 39:04and think about how we can protect this
  • 39:06information and make sure that that moms
  • 39:08are aware where their information is going.
  • 39:10And I already mentioned,
  • 39:12you know there's father other guardians,
  • 39:13a child can all have access to this
  • 39:15information, so there's kind of
  • 39:17significant implications for the mother.
  • 39:20They're the kind of slate slate analog to
  • 39:23this is that there can also be sometimes
  • 39:26other information about other family members,
  • 39:29so a mom might say something about a
  • 39:31father's health care or a father's health,
  • 39:33or a father might give information
  • 39:36about their health that is.
  • 39:38Sorry, relevant to the baby and and
  • 39:42may not want that share broadly.
  • 39:45There is a stipulation in HIPAA that
  • 39:47says that any information disclosed to
  • 39:50the provider by another person who is
  • 39:53not a health care provider and given
  • 39:55under the promise of confidentiality
  • 39:56can be withheld from the patient.
  • 39:58But it it depends on that person.
  • 40:03Knowing that and specifically saying I
  • 40:05don't want this release to the patient.
  • 40:07And then the the provider,
  • 40:09knowing technically how to protect
  • 40:10that information so it doesn't get
  • 40:12to release the patient.
  • 40:13So again,
  • 40:14conceptually this is there,
  • 40:16but there are a lot of barriers
  • 40:17to protecting this information.
  • 40:22Alright.
  • 40:25Lots of information so far.
  • 40:26I'm gonna change topics totally
  • 40:27one more time for the last couple
  • 40:29minutes and then we'll stop for a
  • 40:31conversation and and definitely love.
  • 40:33Would love to hear your all your thoughts
  • 40:36and and ideas and continue to partner with.
  • 40:40All of our broad community just kind
  • 40:41of solve some of these problems,
  • 40:43but one last piece of the cure is
  • 40:45act was was the stipulation that not
  • 40:47only do we have to make this this
  • 40:51information available electronically,
  • 40:52you know, through portals or
  • 40:54whatever mechanism we decide,
  • 40:55but we also have to allow for application
  • 40:59programming interfaces that make this
  • 41:01information available to third party
  • 41:03apps like the Apple Health record.
  • 41:06And and we've seen this, you know,
  • 41:08so that Apple health record
  • 41:10came online 2018 last year.
  • 41:12Commonhealth came online with a Android
  • 41:16analogue to Apple Health records,
  • 41:18and when they did that, the VA,
  • 41:20you know now says that they're,
  • 41:22they're essentially making all
  • 41:23of their patient data available
  • 41:25through these through these apps.
  • 41:27So, so we are seeing these apps
  • 41:30kind of taking on more and more.
  • 41:34Importance definitely with COVID.
  • 41:35We saw lots of conversations and
  • 41:38are still able seeing lots of
  • 41:40conversations about how you might get
  • 41:42your vaccine information on your phone.
  • 41:45There is lots of debate about
  • 41:46how exactly this will work,
  • 41:47but again,
  • 41:48kind of giving the giving a picture
  • 41:51into how getting health information
  • 41:53directly from your hospital and into your
  • 41:56phone or into an app might be useful.
  • 41:59There are all kinds of theoretical
  • 42:01implications for how getting
  • 42:02this information into apps.
  • 42:04You know might be useful down the line.
  • 42:05I will say most of the applications
  • 42:08still have yet to be developed and we
  • 42:10and we haven't seen this take off as
  • 42:11much as I think some people thought it
  • 42:13would but but the potential is there.
  • 42:17But again brings up lots of
  • 42:19challenges for for children and teens.
  • 42:21If you start releasing this
  • 42:23information in JS third party app
  • 42:24so you know one is just this.
  • 42:26If these apps end up being useful and
  • 42:29helpful for managing health care issues,
  • 42:33they may not apply to children because
  • 42:35children thankfully aren't born with
  • 42:36the phone and so it's at least some
  • 42:38number of years before they have
  • 42:39their own device in their own app,
  • 42:41which makes it challenging for them to.
  • 42:43For some of these for.
  • 42:45Does where do you set which?
  • 42:48Where do you send the child data?
  • 42:49Do you send the parents after you
  • 42:50send it to the child's app you're
  • 42:52trying to do remote monitoring.
  • 42:53The child may not have a device,
  • 42:55so there's all kinds of challenges
  • 42:56you have to think through.
  • 42:57You have to think through the proxy
  • 42:59workflows and and does you know how do
  • 43:02you technically set up the information
  • 43:04going to the parent of a child?
  • 43:06Virtually confirming a guardian
  • 43:07relationship and making sure that
  • 43:09if you're when you're doing it,
  • 43:10virtually that that truly is
  • 43:12the right person who should
  • 43:13have access to that data is a challenge.
  • 43:15Segregating the parent and the child data.
  • 43:17It's a challenge.
  • 43:18The child data privacy laws,
  • 43:20COPPA in particular bring all
  • 43:22kinds of implications and how you,
  • 43:25how you make sure that you're
  • 43:26that you are protecting the
  • 43:27child's privacy is a huge issue.
  • 43:30And then all of the adolescent
  • 43:32confidentiality issues that I talked
  • 43:33about kind of become amplified.
  • 43:35When you're thinking about a third
  • 43:36party app so all kinds of considerations
  • 43:38there that we have to work through.
  • 43:40If these apps are ever going to
  • 43:42be safely and meaningfully to
  • 43:43Floyd deployed by four children,
  • 43:46not to mention.
  • 43:48This concept of inappropriate sharing
  • 43:50by parents or teens and again these are
  • 43:53all issues that existed before this.
  • 43:56Before electronic health information
  • 43:57sharing and before these API's
  • 43:59and before these apps.
  • 44:01You know,
  • 44:02even though this was an article in 2020.
  • 44:05But about about this kind of trend
  • 44:09of parents getting reports of their
  • 44:11of their child's genetic information
  • 44:13and putting it and then posting
  • 44:15it for whatever mechanism for.
  • 44:17Trying to for all kinds of reasons
  • 44:20for like trying to to understand
  • 44:22their child condition or just 'cause
  • 44:25I thought it was cool or whatever,
  • 44:27but now that all this information
  • 44:29is electronic,
  • 44:29it's so much easier for a parent
  • 44:31to share that information in a
  • 44:34large scale electronically,
  • 44:35and that could have significant
  • 44:37implications for that child.
  • 44:39Is does a parent really have the right
  • 44:41to share that information for the
  • 44:42child life that may then affect them?
  • 44:44You know it's out there for
  • 44:45the rest of your life,
  • 44:45and child can't take it back.
  • 44:48Similarly,
  • 44:48you know if a team gets access to
  • 44:50their health information and thinks
  • 44:51it's cool to put it on Snapchat and
  • 44:53then that health information is out
  • 44:55there and and available and searchable
  • 44:58and has implications for their future.
  • 45:00You know insurability or all
  • 45:02kinds of you know employability,
  • 45:04all kinds of things down the line you know.
  • 45:06Should teens be allowed to do
  • 45:08that when they don't really maybe
  • 45:10understand the implications?
  • 45:11I think there's all kinds of
  • 45:13potential challenges here,
  • 45:14but what?
  • 45:15But it's not clear that we have,
  • 45:18and necessarily any ability to restrict
  • 45:20this from a legal standpoint right now.
  • 45:23I think these are kind of conversations
  • 45:25that again we need to continue
  • 45:26to have and continue to advocate
  • 45:29for the right policies to to help
  • 45:32protect children information when
  • 45:34they are still underage.
  • 45:36So again, sorry,
  • 45:38lots more questions than answers,
  • 45:40but I think you can see there is
  • 45:43a huge potential here to empower
  • 45:46and engage patient pediatric
  • 45:48patients and their families,
  • 45:50but a lot of questions that we
  • 45:51are opening up and a lot of work
  • 45:53to be done to really think about
  • 45:54how to do this thoughtfully
  • 45:56and carefully and ethically.
  • 45:57Thankfully again,
  • 45:58lots of people across the country
  • 46:00that we're working with an incredible
  • 46:03team at Stanford children that is
  • 46:05focused on pediatric informatics issues
  • 46:07and adolescent informatics issues.
  • 46:09In particular, so thank you to all
  • 46:11of these amazing people and look
  • 46:13forward to talking with you all.
  • 46:19Thank you so much Natalie.
  • 46:23This is this is hard.
  • 46:24This is really important and this is
  • 46:28really hard and so I'm delighted that
  • 46:30we've had a chance for you to to to
  • 46:33share some information with this.
  • 46:34I invite anyone you folks who have
  • 46:36questions or comments to send them
  • 46:38through the Q&A and then I will read
  • 46:40them for Natalie and we can try and
  • 46:42work our way through some of this stuff.
  • 46:44I'll go ahead and take the first one.
  • 46:45I know it's hard and you did
  • 46:46allude to it and I appreciate that,
  • 46:48but very specifically in the world of babies.
  • 46:54I don't really see a way around
  • 46:57withholding some information,
  • 46:59and I don't know if this is going to
  • 47:00be a problem for us legally, etc.
  • 47:02A way that we dealt with it now and
  • 47:06I don't know what your thoughts are
  • 47:07on this is to say that we're going to
  • 47:09take all the information about the
  • 47:11mother and put in the baby's admission.
  • 47:12That was not all the information,
  • 47:13but the information that we need
  • 47:15to take proper care of.
  • 47:16The baby will put that in the admission note,
  • 47:18but then it will not appear in any
  • 47:20of the subsequent notes on the baby's
  • 47:21care and I have to tell you it from
  • 47:23a practical standpoint.
  • 47:24That's a little bit of a pain in the
  • 47:26neck because you're going through
  • 47:27and you often find yourself wondering
  • 47:28why did we do this? Why?
  • 47:29Why is this happening with this child?
  • 47:31Then you go back and look and you
  • 47:32kind of put two and two together
  • 47:34because no one comments on it.
  • 47:35After the admission though,
  • 47:36if it's related to the mother's
  • 47:38illness or any of the mother's
  • 47:40laboratory results, etc.
  • 47:41So I don't know what you think about that.
  • 47:45And then we don't.
  • 47:46Of course,
  • 47:46we block that history and physical
  • 47:49on the baby,
  • 47:50which we're we're discouraged from doing.
  • 47:53But we don't really see a way around it.
  • 47:54I wonder what you think of that solution?
  • 47:56Or if you've thought of a better one,
  • 47:58we've definitely not thought of a better one.
  • 48:00I, I think there are several.
  • 48:03There are several pieces that
  • 48:04solution that I really like,
  • 48:05and it does, you know,
  • 48:06kind of automatically protect the
  • 48:08information from for the mother.
  • 48:09I think you know being controversial.
  • 48:12Some people would argue so,
  • 48:14so HIPAA kind of clearly states that if
  • 48:16there is information that is relevant to,
  • 48:19you know from a family member that's relevant
  • 48:20to the baby that it should be shared,
  • 48:22that it's not necessarily protected,
  • 48:24and it's part of the patients medical record.
  • 48:26Again, I think this is a really sticky area
  • 48:28because I don't think the mother knows
  • 48:30that her information is going in there,
  • 48:31so I think there's a question of whether
  • 48:33we should have even been putting that
  • 48:34information in there in the 1st place.
  • 48:36So I think what you are doing
  • 48:38is the right thing to do,
  • 48:39but it would be super helpful that is
  • 48:41not clear like in the conversations
  • 48:43that I've heard with the NC.
  • 48:45I don't even think that piece is clear,
  • 48:47so I think it would be really
  • 48:49helpful to clarify that yes,
  • 48:51if we are taking if we are taking
  • 48:52mothers information and putting
  • 48:53it in the medical record that we
  • 48:55should be withholding it from the.
  • 48:56From the patient and the and the father.
  • 48:59And then we need to work with our
  • 49:01EHR vendor partners to do it in a
  • 49:02more elegant way than you're having
  • 49:04to do it right now.
  • 49:05I think that the way you guys
  • 49:07you all have done it.
  • 49:08Is A is,
  • 49:10you know,
  • 49:11is again a good effort given the technology
  • 49:14that we have ideally would make it,
  • 49:16we'd have a clearer place where this
  • 49:18is where the moms information goes
  • 49:19and it will be protected and you
  • 49:21all and everybody knows where to
  • 49:23find it so you're not having some
  • 49:24of the issues that you talked about,
  • 49:25but that takes technical development.
  • 49:28So I think there's both a policy
  • 49:30and a technical piece there,
  • 49:31and but your your solution is.
  • 49:33It's better than what we have right now.
  • 49:34I would say
  • 49:35thank you. Thank you.
  • 49:36I have a question from my colleague who
  • 49:39is a very good with these things and
  • 49:43let's see if Alex question was since
  • 49:45the beginning of our patient portal.
  • 49:47We've struggled with what to
  • 49:49release to adolescent proxies.
  • 49:51The main issue is that so far
  • 49:53the data has not been segregated,
  • 49:55IE ocps and antibiotics are all meds.
  • 49:59What are EMR? Which is epic like yours?
  • 50:01Does not allow segregation of
  • 50:03different classes of medication.
  • 50:05Same with procedures, appointments, etc.
  • 50:07Do you have any thoughts on pushing
  • 50:09EMR companies to do better?
  • 50:11Yeah, and and definitely you know.
  • 50:14I think they're both kind of
  • 50:15policy pieces here and then.
  • 50:16There's the technical pieces
  • 50:18and and so we are, you know,
  • 50:21we said we are epic and Epic has been
  • 50:24actively working with several of our
  • 50:27communities across the nation and.
  • 50:29The good news is they just released
  • 50:32their medication segregation
  • 50:33information or functionality.
  • 50:34It's tricky and so there are several
  • 50:38organizations around the country
  • 50:39that are starting to pilot that,
  • 50:42but this is what we need.
  • 50:43We really need to partner with our
  • 50:45or the vendor partners and and help
  • 50:47them understand exactly what we need
  • 50:48and give them the feedback to develop
  • 50:50it and then pilot it and then re it,
  • 50:52you know and then improve it until
  • 50:53it works the way we want it to work.
  • 50:55So I I think yes,
  • 50:56we absolutely need a partner with
  • 50:59our vendor partners and and.
  • 51:01Our vendor partners have heard from
  • 51:02us at Stanford Children's Loud and
  • 51:04clear as well as communities across
  • 51:06the country and they are responding.
  • 51:08But I think the same thing needs to
  • 51:09happen with every vendor partner
  • 51:10that we're working with.
  • 51:11There is this group like I
  • 51:13mentioned called P P2P.
  • 51:14I promoting privacy, protecting.
  • 51:18About protecting privacy mode.
  • 51:19In probability there go protecting
  • 51:21privacy to promote interoperability,
  • 51:23and that is a large group of
  • 51:26stakeholders and informatics,
  • 51:27cyst and legal experts and
  • 51:29policymakers across the nation that
  • 51:30is specifically looking at how do we
  • 51:33better segregate data and what are
  • 51:35some of the standards we can create
  • 51:36to make it easier for vendors to do that.
  • 51:38So I think it's you know,
  • 51:39it's clarifying the policy.
  • 51:41It's clarifying kind of standards
  • 51:43that we need for how to do it
  • 51:44and then working with our vendor
  • 51:46partners to do it and all that,
  • 51:48all those bodies of work.
  • 51:49Have to happen simultaneously.
  • 51:51Thank you, the next question is could
  • 51:54you comment further on the dilemma of
  • 51:56a parent who does not want data shared
  • 51:59from practitioner #1 to practitioner #2?
  • 52:01How can we resolve the data sharing
  • 52:04needs with preferences of parents?
  • 52:06This may apply to to the emancipated minor.
  • 52:10Yeah, uh, I am.
  • 52:11Fortunately I would love to know
  • 52:13if you all have any thoughts.
  • 52:14I would love this attack here.
  • 52:15I don't have a great answer
  • 52:17here and I think it's this is
  • 52:18where it gets really sticky.
  • 52:22And there are, you know,
  • 52:26parent patients or the OR in
  • 52:28the case of of minor parents
  • 52:30do have some rights to inhibit
  • 52:32inhibit information sharing.
  • 52:36It. I mean, and clearly there's
  • 52:39implications I I honestly just don't
  • 52:40have a good answer for this one,
  • 52:42nor do I understand completely all of our
  • 52:44legal options when it gets to this piece.
  • 52:46It's it's a really sticky situation.
  • 52:49Well, you know it's it's some
  • 52:50this is hard as I talked about,
  • 52:52but to have someone who doesn't really
  • 52:54have a good answer to say I don't
  • 52:56really have a good answer is a very
  • 52:58refreshing moment in the in the Academy.
  • 53:00On behalf of the entire Academy worldwide,
  • 53:03we thank you for intellectual honesty.
  • 53:06Good for you and good for us.
  • 53:09Question fortunately, well,
  • 53:11this this is hard stopping this
  • 53:12is this is being worked out.
  • 53:14I mean I'm delighted that people
  • 53:15like you were are leading the charge,
  • 53:17but we're a long way from having
  • 53:18this figured out and so absolutely,
  • 53:20this is really helpful for us
  • 53:21to hear from you next question,
  • 53:22are you delaying release of sensitive
  • 53:24information with a with a set timer
  • 53:26where the final release of notes once
  • 53:28the doctor speaks with the patient doctor
  • 53:30has to remember to release a draft.
  • 53:32And no,
  • 53:34we are not. And again these are,
  • 53:35you know this is the kind of conversations
  • 53:37that are going on across the country and
  • 53:39it's interesting to see how differently.
  • 53:41The institutions across the country
  • 53:42have implemented the same rules,
  • 53:44and I again I think some of us will
  • 53:46come down and it'll be interesting
  • 53:48to see how the ONC eventually
  • 53:50eventually enforces some of these acts,
  • 53:53but so we for the most part are
  • 53:56not delaying any of our results.
  • 53:58But there are a few. Again,
  • 54:00this is where it gets to state specific laws.
  • 54:01We have a few state specific
  • 54:04laws that say we have to notify.
  • 54:07The patient before,
  • 54:08before releasing the information and it's
  • 54:10like around HIV and a few like I think.
  • 54:12Huntingtons a few specific disease
  • 54:14cases so those we have specific
  • 54:17delays on but for the most part
  • 54:19we we don't have a delay,
  • 54:20we're doing it immediately which
  • 54:22sometimes means that the parent or the
  • 54:24patient sees it before the provider.
  • 54:27Something that I, I suspect this
  • 54:29is something we're all gonna need
  • 54:31to be aware of and be on top of.
  • 54:33And it's it's just gonna become part of
  • 54:36our culture of our lives is that you're
  • 54:38going to get a call from a parent saying,
  • 54:40you know in in the newborn,
  • 54:41nice view where I work.
  • 54:42Of course you know the
  • 54:43head ultrasound is done.
  • 54:44It goes in there and say you know,
  • 54:45what do you think of today's head ultrasound?
  • 54:47And then that's when you go in,
  • 54:48you see, because if you've been busy
  • 54:50doing other things you didn't see
  • 54:52the ultrasound yet from 2 hours ago.
  • 54:54Exactly, I think that's going to
  • 54:55that is going to become a kind
  • 54:58of part of our culture.
  • 54:58The parents see things before we do,
  • 55:00and one thing somewhat related to that.
  • 55:04A cousin to this that I've encountered
  • 55:06more than a few times is parents who
  • 55:08were very often in the child's room.
  • 55:10Then they will very often know the
  • 55:13cardiologist opinion before I do,
  • 55:14because the cardiologist comes in,
  • 55:16examines the child.
  • 55:18And the mother's right there.
  • 55:19And she says, what do you think?
  • 55:21And he'll say, well,
  • 55:22I think XY and Z and then the mother.
  • 55:25I'll walk in the room 5 minutes later
  • 55:26and I'll say to the mother, you know,
  • 55:28I've asked the cardiologist to come
  • 55:29take a listen and she'll say to me.
  • 55:31Well, yes he did,
  • 55:32and he thinks XY and Z, and I think,
  • 55:35well, OK, I didn't know that yet.
  • 55:36You know I haven't spoke with him,
  • 55:38and some of it. We just have to be accepting.
  • 55:40This is how it's going to roll now
  • 55:42if it's been two days later and I
  • 55:43haven't heard from the cardiologist,
  • 55:45I'm gonna look pretty foolish.
  • 55:46If it's been 10 minutes later and I
  • 55:48haven't yet spoken to the cardiologist.
  • 55:50I think most parents are inclined
  • 55:51to understand that this is how it's
  • 55:53gonna be as we do these things.
  • 55:55But the fact matter is that that it's
  • 55:57not the most parents that I think
  • 55:58are going to make this difficult.
  • 56:00It is the the the five or 10% of
  • 56:02parents who are extremely anxious or
  • 56:04who are extremely distrustful of the
  • 56:06system and the individual clinicians.
  • 56:08And this is going to that that
  • 56:10this is going to very much.
  • 56:13Potentially aggravates some of that,
  • 56:15and we've got to be aware that this
  • 56:17is sort of the world we live in now.
  • 56:20You mentioned on one thing that
  • 56:22I jotted down.
  • 56:22You talked about the the,
  • 56:23the privacy harm exception and I wanted
  • 56:25to clarify this because this is important.
  • 56:27You said that we don't have to
  • 56:29include notes of regarding things that
  • 56:31maybe preparation for legal matters.
  • 56:33So for example,
  • 56:34sometimes the nurse or the physician
  • 56:36or the social worker will write
  • 56:39something in there because they are
  • 56:41for wanting for want of a better word.
  • 56:43Trying to build a case to bring to DCF,
  • 56:46for example, that this child should
  • 56:48not go home with these parents.
  • 56:50So did I hear you correctly for
  • 56:52notes such as that those it's
  • 56:53appropriate to block those notes?
  • 56:55Yeah, I mean, that's that's language
  • 56:57straight from HIPAA, and so this is,
  • 56:59where again it's so it's not new, right?
  • 57:01So this is where your compliance
  • 57:03team and your him department have
  • 57:05probably looked through this and
  • 57:06should have a policy around that.
  • 57:08So yeah, that should absolutely be protected,
  • 57:10but just work with your your own hims
  • 57:12department and and and compliance team.
  • 57:14And they'll tell you their
  • 57:15mechanisms for protecting that.
  • 57:17Seems to me we need to make sure that
  • 57:19this becomes then a separate note.
  • 57:21So the problem is that that if I'm
  • 57:24writing my progress note for the day,
  • 57:26and then you know under you know,
  • 57:28under nutrition, I put all the
  • 57:30nutritional information under social.
  • 57:32I mentioned that the that the father
  • 57:34and the mother were screaming at each
  • 57:35other for 20 minutes in the room.
  • 57:37That's all the same note,
  • 57:38and now I have documented that observation,
  • 57:40which I think is important,
  • 57:41but it it's got to be in a different
  • 57:43note then because that whole big
  • 57:45note still needs to be shared.
  • 57:47Exactly,
  • 57:48and that's where you know.
  • 57:49And that's where this kind of the
  • 57:51segregation becomes important.
  • 57:52So right now we're, that's how we,
  • 57:54that's how we are functioning
  • 57:55as we can either share a whole
  • 57:57note or not share a whole note.
  • 57:58There are lots.
  • 57:59There's lots of development and and
  • 58:01conversations about creating notes
  • 58:02where you could have subsections
  • 58:04that are shared and not shared.
  • 58:06And I think we will see that,
  • 58:08which again, you know part of what we're
  • 58:10dealing with is trying to do the right thing,
  • 58:13but we've all heard so much about
  • 58:15documentation burden, and DHR burnout,
  • 58:16and all those types of things.
  • 58:17And if we're really making providers now,
  • 58:19document several different notes in order
  • 58:21to get each note in the right place,
  • 58:23it adds to the burden.
  • 58:24So this is where we need to
  • 58:25continue to partner with our.
  • 58:26You know,
  • 58:27with our vendor partners and get development
  • 58:30that will both help us do the right thing,
  • 58:32but in a way that it is
  • 58:33consistent with our workflow.
  • 58:34So yes,
  • 58:35right now it needs to be 2 separate notes.
  • 58:37Hopefully we'll get to a place
  • 58:39where it's not so cumbersome.
  • 58:41That that would certainly be
  • 58:42helpful 'cause the burnout is real,
  • 58:43obviously and and and they tell somebody
  • 58:45will not write a separate note about that.
  • 58:47It's just his likely that the exhausted
  • 58:50clinician is gonna say never mind.
  • 58:52Then go ahead and open up yet
  • 58:53another note and enter it in.
  • 58:54Depending on how the day is
  • 58:55going and how tired they are.
  • 58:56I'm not saying that's the right thing to do.
  • 58:58I'm saying that that smart planning
  • 59:01figures in the the humanity and
  • 59:03the flaws of those of us who
  • 59:05are who are providing the care.
  • 59:07Another question please.
  • 59:10Given the already critical epidemic
  • 59:12of clinician burnout exacerbated by
  • 59:14the strain of the COVID pandemic,
  • 59:16you probably heard about that.
  • 59:18How do you propose we provide adequate
  • 59:20support for clinicians to manage the
  • 59:23increased workload that open notes and
  • 59:25immediate result release might create?
  • 59:29Yeah, it's I mean you know incredibly
  • 59:31important question as we were
  • 59:32kind of just talking about it.
  • 59:33You know, I think this will be a shift
  • 59:36in our culture and I think you know,
  • 59:38just as you're kind of pointing out
  • 59:40with the having parents at the bedside
  • 59:41has been a shift in our culture,
  • 59:43and having them see the specialist, you
  • 59:45know it's a shift in our culture and it does.
  • 59:47It will change the way that we interact
  • 59:50with our patients and families.
  • 59:52I think in the long run it
  • 59:53will be a beneficial thing.
  • 59:55I think they will understand more.
  • 59:56I think they'll have access to notes they
  • 59:58won't have to come back to us to say hey,
  • 59:59what? What was that again,
  • 01:00:00that you said last time?
  • 01:00:02So I think they're you know there's gonna be
  • 01:00:05shifts both ways but but it's going to be.
  • 01:00:07It's going to be hard, change is hard
  • 01:00:09and we don't know exactly what the how,
  • 01:00:12how it's going to play out in the end.
  • 01:00:13So we need to continue to
  • 01:00:16educate our providers.
  • 01:00:17We need to support them.
  • 01:00:18And then as we're just talking about
  • 01:00:20work with our with our technical teams to
  • 01:00:22develop functionality that will make it
  • 01:00:25easy to do the right thing and and you know,
  • 01:00:27right now we're facing.
  • 01:00:28I'm sure everybody is facing.
  • 01:00:30Come in in the age of COVID and
  • 01:00:32and digital medicine is these.
  • 01:00:34You know in basket overloads and how.
  • 01:00:36How much are how much messaging
  • 01:00:37we're getting from our patients
  • 01:00:38directly through in basket?
  • 01:00:39Because people are people are
  • 01:00:42digitally messaging us right?
  • 01:00:44These are the transitions we're
  • 01:00:46going to continue to see,
  • 01:00:47I think.
  • 01:00:50It's it's it is hard,
  • 01:00:52it is it is work but we need
  • 01:00:54to continue to to say OK,
  • 01:00:56we're transitioning this way.
  • 01:00:57How again do we? Do we change our
  • 01:01:00system to support this new way of care?
  • 01:01:02And you know how do we again develop
  • 01:01:04our information systems to make
  • 01:01:05it easier to do the right thing,
  • 01:01:07but it's going to be a slow
  • 01:01:08transition and it it does increase
  • 01:01:10burden in the in the interim
  • 01:01:12and you know, I mean,
  • 01:01:13I think that our transition to the EMR,
  • 01:01:15which wasn't that long ago was
  • 01:01:16clearly a good evidence that this
  • 01:01:18transition was painful and there
  • 01:01:19were many bumps on the road.
  • 01:01:21There still are bumps in the road.
  • 01:01:22But I think at this point most of us
  • 01:01:24would acknowledge that it's better
  • 01:01:25than it was 15 years ago in terms of,
  • 01:01:28you know, calling up the old chart,
  • 01:01:30it says it's a very different experience
  • 01:01:32or trying to figure out you know what
  • 01:01:34someone so said the three months ago.
  • 01:01:36It's it's a much,
  • 01:01:37much better experience or finding
  • 01:01:39a laboratory values quickly, etc.
  • 01:01:40So overall, these things do get better,
  • 01:01:42but it's a hard one along the way.
  • 01:01:44Which kind of my inclination as a chief is.
  • 01:01:47I'm trying to help my crew work their
  • 01:01:49way through it as an old doc trying to
  • 01:01:51help myself work my way through it.
  • 01:01:52And connection is to cut the
  • 01:01:54people who work with me.
  • 01:01:56A little bit of slack as they as they
  • 01:01:58make this adjustment and maybe even to
  • 01:02:00try and cut myself a little bit of slack.
  • 01:02:02But my question to you is in terms
  • 01:02:05of the outside world cutting us
  • 01:02:06a little bit of slack as we get
  • 01:02:08this thing where it needs to be.
  • 01:02:10Are you aware of the specific punishments?
  • 01:02:15I've been no punishments yet for
  • 01:02:17for blocking a note or for revealing
  • 01:02:19information about someone in someone
  • 01:02:21elses note, that sort of thing.
  • 01:02:23Yeah, for providers they haven't even they
  • 01:02:25haven't even specified what they will be.
  • 01:02:27So so for the for the for the
  • 01:02:30larger institutional players
  • 01:02:31there's been a few few cases in
  • 01:02:33that even kind of gets back to hit,
  • 01:02:35but not necessarily the Cures Act,
  • 01:02:36but they haven't even they haven't
  • 01:02:38even specified what it would be for.
  • 01:02:41You know the for the provider organizations,
  • 01:02:43so I I do think.
  • 01:02:45You know that is the rule was put out there.
  • 01:02:48It's like the goal is what
  • 01:02:50people wanna get too.
  • 01:02:51But I I think that is kind of how we're
  • 01:02:53being cut some slack is there isn't
  • 01:02:55enforcement at our level as we kind of
  • 01:02:57all try to to figure this out again,
  • 01:03:00I expect that to happen at some
  • 01:03:02point and that's when it.
  • 01:03:04That's when you know we'll really
  • 01:03:06kind of understand more about.
  • 01:03:08How it's going to be enforced and
  • 01:03:10how strict some of these things are.
  • 01:03:11But in the meantime,
  • 01:03:12I think it's important that we
  • 01:03:14continue to advocate for the for
  • 01:03:15the nuanced and the changes that
  • 01:03:16need to be done to do it right.
  • 01:03:20Is there any evidence that concern about
  • 01:03:23open note policy and regulations is affected
  • 01:03:25in what is being entered into an EMR?
  • 01:03:28As Mark suggested? As I suggested,
  • 01:03:30is there any evidence these changes
  • 01:03:32are changing the content of notes,
  • 01:03:34either because and then the note falls off.
  • 01:03:36So are these changing the content of notes?
  • 01:03:38I have my opinion I'm interested
  • 01:03:39in much more in yours, Natalie
  • 01:03:41so, and this is where I highly
  • 01:03:43recommend going to the Open Notes
  • 01:03:45website 'cause they have they have
  • 01:03:47kind of accumulated literature over
  • 01:03:48the last couple decades for for.
  • 01:03:50Studies of open notes and and
  • 01:03:53generally people are, you know,
  • 01:03:54concerned that had been concerned
  • 01:03:56that when you do open notes that
  • 01:03:59providers would then change, you know,
  • 01:04:01change the way they write notes and
  • 01:04:03and use and not use medical medical
  • 01:04:06terminology and that they might
  • 01:04:08become watered down in general,
  • 01:04:11like the the kind of generic
  • 01:04:12findings from most of those studies
  • 01:04:14is that there hasn't been a major
  • 01:04:16change in the content of the notes.
  • 01:04:18There are guidelines and and
  • 01:04:20some interesting.
  • 01:04:21Anecdotes around, you know,
  • 01:04:22specific language changes that
  • 01:04:24might be particularly offensive,
  • 01:04:25like not using *** as an abbreviation,
  • 01:04:30but but when they you know the studies
  • 01:04:32where they look at where they look
  • 01:04:34at the content of the notes and
  • 01:04:36whether they've been watered down,
  • 01:04:38whether they've been, you know,
  • 01:04:39using less medical jargon,
  • 01:04:41there hasn't been the.
  • 01:04:43That there hasn't been evidence
  • 01:04:45that there's been major changes
  • 01:04:46in the notes themselves,
  • 01:04:48but I think that's that's that's
  • 01:04:50good news to hear that I,
  • 01:04:52my personal experiences that that there
  • 01:04:54has been maybe unitology is kind of a
  • 01:04:56special case because we we go out of our
  • 01:04:58way to avoid information about the mother,
  • 01:05:00etc that ties directly into
  • 01:05:01what we're doing for the baby.
  • 01:05:03Why is this baby small?
  • 01:05:04Why are the platelets low?
  • 01:05:05Well, this can all relate back to myself,
  • 01:05:06and we're not getting into that, so.
  • 01:05:11That you know.
  • 01:05:11And I do think that there's the
  • 01:05:13possibility I'm pleased that the
  • 01:05:15studies show that that's not the case.
  • 01:05:17I also worry because, you know, for us,
  • 01:05:19in Pediatrics with family centered rounds,
  • 01:05:22you know on a related issue,
  • 01:05:23so we've been encouraged,
  • 01:05:24for example, on family centered
  • 01:05:25rounds which have taken a set back.
  • 01:05:28Now because of all the COVID,
  • 01:05:29isolations, etc.
  • 01:05:29But when we're running, don't use jargon,
  • 01:05:32don't use medical lease.
  • 01:05:34I've actually, with my crew,
  • 01:05:35pushed back against that because I say no,
  • 01:05:37I want you to have a medical
  • 01:05:39conversation with the fellow.
  • 01:05:41I want that the resident and
  • 01:05:42fellow we're talking about this.
  • 01:05:43I don't want you to just use words
  • 01:05:45you knew in junior high school.
  • 01:05:46I, you know,
  • 01:05:47I want you to use medical terms and then
  • 01:05:50afterwards by all means, let's translate.
  • 01:05:52But let's not let's not use,
  • 01:05:56you know, let's not use a word.
  • 01:05:57Let's not, you know,
  • 01:05:58you can't say tachycardia.
  • 01:05:59'cause people don't know what that means.
  • 01:06:00No,
  • 01:06:01I don't want to do that.
  • 01:06:02I mean,
  • 01:06:02I think that we should still be able
  • 01:06:04to communicate with one another
  • 01:06:06on a level of sophistication
  • 01:06:07that the case requires.
  • 01:06:08Then I also think that that
  • 01:06:10in fairness and openness.
  • 01:06:11We should translate this for families,
  • 01:06:15but but I think the idea that that
  • 01:06:17family centered rounds or our
  • 01:06:19communications should always be in
  • 01:06:21language that the family can understand.
  • 01:06:23I'm I would push back against that idea.
  • 01:06:26Yeah, I agree, and I think and and you know,
  • 01:06:29I think most people who talk about
  • 01:06:30open notes in the sharing the idea
  • 01:06:32is not to translate our notes into
  • 01:06:34messages to the patients, right?
  • 01:06:35The idea is there are still medical
  • 01:06:38notes that help that help a care team.
  • 01:06:40You know, primarily focus on.
  • 01:06:41Provide care that patient,
  • 01:06:43but you're just making them available so that
  • 01:06:45you know the example I gave with the parent.
  • 01:06:47She can take that medical note from one
  • 01:06:49provider and show it to the specialist,
  • 01:06:51and so they have access to it,
  • 01:06:53but it's you know they have
  • 01:06:54their discharge summaries.
  • 01:06:55They have their patient instructions.
  • 01:06:56Those are meant to be at the patient level.
  • 01:06:59These are still meant to be medical notes
  • 01:07:00and I think they should stay that way.
  • 01:07:02You know to the comment of the you know
  • 01:07:04whether or not our notes are changing.
  • 01:07:05The studies that have been done.
  • 01:07:07I think it's you know it's important
  • 01:07:08to look at the at the the the way
  • 01:07:10they've done that and I think there
  • 01:07:12are significant limitations so.
  • 01:07:14I'm sure you know,
  • 01:07:15I'm sure if we had different
  • 01:07:17ways of of really looking at how
  • 01:07:19those those notes have changed,
  • 01:07:20we might be able to find different
  • 01:07:22things and and it's it's.
  • 01:07:23It's hard to to. It's a.
  • 01:07:24It's a hard study to do.
  • 01:07:27Yeah, well Doctor Natalie Paessler
  • 01:07:29we've got much work to do ahead to
  • 01:07:32sort ourselves through this stuff.
  • 01:07:35We take no small amount of comfort
  • 01:07:36in knowing that there are folks
  • 01:07:38like you who are leading the charge
  • 01:07:39as we work our way through these
  • 01:07:41things to try and get to a better,
  • 01:07:43more more open, more fair,
  • 01:07:46and more efficient and feasible plan.
  • 01:07:48I really appreciate you taking
  • 01:07:50the time to come speak to us
  • 01:07:52tonight and I would just ask if
  • 01:07:54there is anything actually wait.
  • 01:07:55Up I thought it was a final question,
  • 01:07:58but it is a final bravo so I hear out
  • 01:08:00of Bravo so I would ask you if there's
  • 01:08:02any final message you want to share
  • 01:08:04with us before we close it for tonight.
  • 01:08:07No, I just just you know,
  • 01:08:08thank you for listening to this.
  • 01:08:10I think this is these are super
  • 01:08:12important challenges that really have
  • 01:08:14the potential to to empower our patients
  • 01:08:16and families if they're done correctly.
  • 01:08:19But as you can tell,
  • 01:08:20there's a lot of advocacy and
  • 01:08:22education that we need to do.
  • 01:08:24So just you know, please help,
  • 01:08:26please stay aware and please
  • 01:08:28continue to partner with all of
  • 01:08:29us so that we can get to the
  • 01:08:31right solutions for our patients,
  • 01:08:32families and our providers.
  • 01:08:35Well said, thank you so very much
  • 01:08:37and thanks to all of you folks
  • 01:08:38for joining us this evening.
  • 01:08:39I wish you all a good night.
  • 01:08:40We'll see you again in a couple weeks.
  • 01:08:42Thank you Doctor Paisley goodnight.