Tennessee Medical Foundation (TMF)
Physician’s Health Program (PHP)
Privacy Policy
The Tennessee Medical Foundation (“TMF”) protects as confidential and privileged information it generates on participants in its Physician’s Health Program (“PHP”). The TMF-PHP is intended to be a “Quality Improvement Committee” as defined in T.C.A. § 63-1-150 and T.C.A. § 68-11-272. Any and all actions of the TMF and the TMF-PHP are intended to come within the provisions and protections of T.C.A. § 63-1-150 and T.C.A. § 68-11-272 as contemplated in these statutes. In any event, the TMF as a matter of policy does not release copies of any of its records (which are unavailable elsewhere) that are necessarily protected as privileged and confidential under Tennessee and other laws. The TMF will release certain types of information as part of the advocacy process for participants. The TMF release forms need to be completed prior to such release. As a general matter, the release of such information is contemplated as part of the advocacy/after care contracts that participants sign. As an additional protection against unauthorized releases (especially by third parties who receive such advocacy information), the PHP requires that the applicable consent and authorization form(s) be completed by each participant prior to the requested communication or advocacy event.
Confidentiality
The Tennessee Medical Foundation (TMF) provides confidential assistance to healthcare professionals with conditions that may negatively impact practice performance. Referrals to the TMF protect the well-being of healthcare professionals and the patients they serve.
One of the reasons Physician Health Programs (PHPs) were developed was to provide confidentiality for healthcare professionals with stigmatized health conditions. Healthcare professionals are more likely to seek assistance if they believe their information will be kept confidential. Under these circumstances, they can participate in the PHP without involvement of state medical boards. Strong confidentiality protections encourage early intervention in the illness process before impairment occurs and when the prognosis for full recovery is most favorable. Confidential participation in the TMF begins at the initial assessment, following completion of a thorough informed consent procedure.
Existing state and federal laws allow the TMF to protect the identity of participants and referent(s) when they follow TMF recommendations and do not pose a risk to themselves or their patients.
Confidentiality Provisions
The TMF protects as confidential and privileged information it generates on participants in its Physician’s Health Program (TMF-PHP). The TMF is intended to be a “Quality Improvement Committee” as defined in T.C.A. § 63-1-150 and T.C.A. § 68-11-272. Any and all actions of the TMF and the TMF-PHP are intended to come within the provisions and protections of these state statutes. The TMF is also a Part 2 program under the Code of Federal Regulations “Confidentiality of Substance Use Disorder (SUD) Patient Records” regulations at 42 CFR Part 2. Together, these laws and regulations provide exceptional privacy protection and reassurance that participant records are safe from subpoena or disclosure in legal proceedings and will not be released without the participant’s consent.
As policy, the TMF does not release or re-release its records to participants or third parties. This policy protects the identities of referral sources and prevents participants from being compelled to produce the TMF record during discovery in a legal proceeding. (See “Privacy Policy” above)
TMF is not a HIPAA covered entity and its records are not subject to the HIPAA privacy rule. However, the legal protections noted above provide greater assurance of privacy than typically afforded under HIPAA.
Confidentiality Limitations
The TMF’s commitment to confidentiality and privacy is unwavering. That said, there are important practical and legal limitations to confidentiality that should be considered.
TMF participants may be asked to provide consent for TMF to communicate with evaluation and treatment providers, key supports, or concerned others as a condition of program participation. Such communications are critical for the TMF to carry out its mission and support the health and advocacy needs of program participants. The TMF makes every effort to limit disclosures to their intended purpose. For example, communications with health care providers would likely include protected health information, while verification of health status and safety to practice for employment or credentialing purposes would not.
Danger to self or others, abuse of a child or vulnerable adult, and medical and/or psychiatric emergencies are other examples in which the TMF may have a legal reporting obligation that supersedes a participant’s confidentiality protections.
The TMF understands how important it is for prospective and current participants to have confidence that their health information will remain private and protected, and that seeking help will not harm them personally or professionally. Please contact us if you have any questions or concerns about program confidentiality.
Questions?
For more information about privacy and confidentiality in the Physician’s Health Program, contact the TMF online or call 615-467-6411.