Effective: 06-22-20
Supersedes: OP 142
Purpose: To establish a guideline for the flow of information between the company, the news media and the general public.
Policy: The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the Health Information Technology for Economic and Clinical Health Act (“HITECH Act”) establishes the circumstances under which an individual’s protected health information (“PHI”) can be disclosed. Generally, Brewster and EasCare Ambulance Service may not disclose PHI to the news media without the patient’s written express authorization. In addition, state laws may also grant patients additional privacy protections and may enable parties to bring legal action for invasion of privacy or other related causes of action for improper releases of patient information to the news media – sometimes even information that might not qualify as PHI under HIPAA.
This policy establishes consistent guidelines for Brewster and EasCare Ambulance Service to follow when dealing with requests from the media so that Brewster and EasCare Ambulance Service respects individual privacy rights and complies with applicable federal and state law. We fully respect the right of the public to know about events, but we will provide information to the news media only to the extent that the law allows us and only when it would not infringe on the privacy rights of our patients.
Scope: This action will cover the Company’s designated Public Information Officer (PIO) as well as all personnel who operate at any scene or event. Ability to deviate from the guideline lies with the Chief Executive Officer or Chief Operating Officer.
General: Brewster and EasCare Ambulance Service recognizes the need to communicate openly with the general public and the media while at the same time maintaining patient confidentiality. We will strive to provide correct and factual information to the public and news media in a timely and impartial manner.
Responsibilities of the Public Information Officer (PIO)
1. The PIO is responsible for coordinating the flow of information concerning policies and operations and on specific statements concerning issues that could arise concerning the company.
2. The PIO will act as the main source for media contacts. At no time will the emergency operation be compromised for the release of news information.
3. In the event of an extremely newsworthy incident, the on-site Field Supervisor, Communication Supervisor or Director of Operations will determine the need for the PIO’s response. When a response is needed, they will notify the PIO directly via cellphone.
4. If deemed necessary at the discretion of the Director of Operations, the PIO, or a designee, will report to the scene of all major incidents to coordinate media information. Major Incidents may be defined as:
· Incidents involving fatalities or serious injuries.
· Extended or complicated rescue operations.
· Serious aircraft or railroad accidents.
· Serious incidents taking place at high profile locations, such as a school, political event or athletic event.
· Any other incident that could be deemed newsworthy at the discretion of the Field Supervisor, Communication Supervisor and Director of Operations.
5. Upon arrival at the scene of a major incident, the PIO shall report to the on-duty Field Supervisor, Communication Supervisor or Director of Operations to confer on the information to be released.
6. If requested by the media and with agreement of affected personnel, the PIO may coordinate an interview with employees having first-hand knowledge of a particular EMS-related activity.
7. The PIO must obtain approval through the CEO and COO to release any information on: Internal Investigations, Personnel Matters and Citizen complaints to media representatives.
8. The PIO will send a group notification email to the Senior Leadership and Management teams to ensure all Managers are aware of the situation.
Role of Supervisory Personnel
1. The Field Supervisor, Communication Supervisor, and Director of Operations shall be responsible for the management of public information at the scene.
2. Any major incident (as described above) likely to attract news media attention, shall be brought to the attention of the PIO.
3. At multi-agency incidents, the agency having primary jurisdiction –Police or Fire - will be responsible for the coordination and release of information to the media.
4. Members of the media will often respond to a scene that normally would not require the presence of a PIO. In such cases, the Field Supervisor, Communication Supervisor and Director of Operations should be prepared to provide a media briefing as soon as their command responsibilities permit.
Information Release Guidelines
1. Under no circumstances shall the names of fatalities or injured persons be released.
2. Information released to the media should relate only to the facts of the incident. If there is no written authorization from the patient, Brewster and EasCare Ambulance Service may only release information that is “de-identified.” De-identified information is information that does not identify an individual and there is no reasonable basis to believe that the information can be used to identify a specific individual. The Company may only release the following types of “de-identified” information to members of the media where appropriate:
· Name of hospital: The Company may provide the name of the hospital to which patients have been transported. (Example: The media calls about “the accident at Third and Main earlier this afternoon.” Brewster and EasCare Ambulance Service may inform the media that “a patient was transported from the accident scene to ABC Hospital.”)
· Number of patients: Brewster and EasCare Ambulance Service may provide the total number of patients involved in an incident or transported to a facility. The Company may not indicate specifics, such as the type of vehicle a patient was driving, or which patient went to a particular facility. (Example: Brewster and EasCare Ambulance Service may inform the media that “four patients were transported from the fire at the Chemical Factory. Two were taken to County General and two were taken to the Regional Medical Center.”)
· Age & Gender: Brewster and EasCare Ambulance Service may provide the age of a patient and the gender of the patient, unless it could reasonably be used to identify the patient. (Example: Brewster and EasCare Ambulance Service may inform the media that “a 39 y/o male was transported from the accident on the Interstate.”)
· Designation of crew members: Brewster and EasCare Ambulance Service may state, for example, that one Paramedic and two EMTs were involved in caring for the patients involved in a motor vehicle accident. Brewster and EasCare Ambulance Service may identify the names of the personnel who responded. (Example: The Company may inform the media that “Brewster and EasCare personnel on the scene of the incident included two Paramedics and a Field Supervisor and advanced life support was administered.”)
· Type of Transport: Brewster and EasCare Ambulance Service may indicate that a particular call was an emergency and that transportation was facilitated by ambulance or helicopter. (Example: “Of the 3 patients on the scene of the incident, one was transported by helicopter to the Trauma Center and two were transported as non-emergency patients to the local hospital emergency department.”)
3. No determination as to the cause of an incident shall be released. Questions relating to the cause shall be referred to the appropriate investigative agency (i.e. on scene Fire Investigators and/or Law Enforcement).
4. At no time shall personnel information be provided to the news media. All requests for such information shall be immediately referred to the PIO.
5. When, in the opinion of the Field Supervisor, Communication Supervisor and Director of Operations, an incident results in what may be a potentially controversial situation (i.e. incident is likely to result in a complaint or be escalated), the PIO will be notified immediately.
6. When a representative of the news media request interviews or information from personnel at any time other than that described in the above section, the request shall be referred to the PIO.
Media Relations
1. In large scale operations, Police and Fire may set up Media Staging in a separate location where transportation to the incident site are arranged. It is very important that all Brewster and EasCare Ambulance Service staff cooperate with those agencies in these situations whenever possible. Providing EMS care should remain top priority.
2. News media representatives shall be permitted to interview victims of an incident who have consented to such interviews providing:
· The victim is not undergoing medical attention.
· The victim appears to be able to make sound decisions, is not visibly upset, severely injured or emotionally distraught.
· Investigative personnel have completed their interviews.
· If the victim desires not to be interviewed, the media representatives will be so advised.