Confidentiality is a cornerstone of WVMPHP’s success for participants and for referents. One of the reasons PHPs were developed was to provide confidentiality for healthcare professionals with stigmatized health conditions. When confidentiality is endorsed and assured, by PHPs and regulatory agencies, practitioners with potentially impairing conditions are more likely to come forward and utilize a PHP service earlier, which reduces the likelihood of the illness progressing to overt impairment.
The WVMPHP values and respects the confidentiality of our participants and those individuals who contact us for assistance, guidance and support for themselves, a family member, friend or colleague. The WVMPHP recognizes the sensitivity of the issues that medical professionals may face and provides a safe and secure space for individuals to acknowledge their struggles and seek the assistance.
The WVMPHP supports confidential and compassionate care for all people, including practitioners suffering from addictive and/or psychiatric potentially impairing medical conditions. The WVMPHP endorses privacy and confidentiality of a practitioner’s health and treatment history including participation in the WVMPHP. The WVMPHP will provide letters with minimum necessary information of compliance with treatment provider recommendations and program requirements as requested by participants with their consent; the WVMPHP does not release third-party medical records under any circumstances. The WVMPHP operates under statutes assuring the confidentiality of all participants who enter the program “voluntarily”.
Consents are required to communicate with treatment providers and appropriate others as necessary for the WVMPHP program to effectively fulfill its mission of providing assistance, guidance and support. The WVMPHP processes further review and explain the WVMPHP’s confidentiality parameters and associated privacy protections, inclusive of electronic communications upon participation.
Only participants who have been ordered into the program as part of a disciplinary action are of public record, available through their respective licensure board. The WVMPHP’s records are protected and not subject to discovery or subpoena in a civil case [W.Va. Code §30-3D-2(c)]. Confidentiality is contingent upon compliance with program requirements, evaluation/treatment recommendations, personal and public safety. In the event of non-compliance and associated required Licensure board reporting, the WVMPHP must release internal non-treatment records, exclusive of third-party medical records. The WVMPHP cannot confirm nor deny a practitioner is/was a participant without express written consent.
Confidentiality of WVMPHP clients are protected to the maximum extent provided by existing State and Federal law, including voluntary-confidential anonymity, Safe Harbor and records protections. The WVMPHP is NOT a provider of treatment / medical care; however, the WVMPHP does operate consistent with HIPAA and 42 C.F.R. Part 2 as appropriate.
SAFE HARBOR
Senate Bill 573 was passed in March 2007 as an enabling legislation providing a safe avenue for physicians, podiatric physicians, and physician assistants, including medical students and residents, to seek assistance and guidance in a confidential and respectful manner. Upon receipt of executed WVMPHP participation documents, Licensees are NOT required to disclose their WVMPHP participation for qualifying illness to their perspective medical board during licensure renewal, solely based on diagnosis and PHP participation.
If you or someone you know needs help, please contact us.