Webinar New Jersey EMS Data Reporting Law 1 Introductions 2
New Jersey State Office of EMS • Agencies have a responsibility to comply with the new law • OEMS will support the efforts as much as they can • The goal is to fill in gaps in what we know and what we do not about EMS in New Jersey • Make the system better for the patients • Not intended to be negative in any way 3 Senate 5 / Assembly 4925 • Signed July 21, 2017 • Effective January 17, 2018 • 3 Main Elements • New Jersey EMS Task Force • EMS Dispatch Data • EMS Patient Data 4
NJ EMS Task Force • Shared services among numerous agencies in New Jersey to respond to major events - planned and unplanned • Outgrowth of September 11 attacks • Law formally establishes Task Force under the Commissioner of Health 5 EMS Dispatch Data • Electronic reporting of EMS dispatch and response information • Interact with existing systems to the extent possible • Department shall furnish any programs developed for accessing and using the data • Call type, response times, locations, etc. • Develop quality performance metrics and protocols based on data • Response time data will be publicly available 6
Mandatory Dispatch Data • The date, time, and location • Nature and circumstances of the emergency, as provided to the dispatch center • Identity of each EMS provider dispatched to the scene • Any other particulars of the request as may be relevant or as may be required by the commissioner. 7 NEMSIS Data • National EMS Information System • Uniform data mapping and terminology for all EMS providers around the country • Ensures that everyone using a particular word in the data set means the same thing • Response Time • Intubation Attempt • This is a FORMAT for the Data 8
Who Must Report? • Each EMS Provider: • Any association, organization, company, department, agency, service, program, unit, or other entity that provides pre-hospital emergency medical care to patients in this State, including, but not limited to, a basic life support ambulance service , a mobile intensive care unit, an air medical service, or a volunteer or non-volunteer first aid, rescue, and ambulance squad 9 What Must You Report? • The date, time, and location of the encounter • The nature of the medical emergency , number of persons requiring emergency medical services and the condition of each person • Any emergency medical treatment or other services provided, including any specific procedures performed, any medications administered including, but not limited to, an opioid antidote • Name and certification of each EMS provider staffing the provider unit • Other EMS providers responding • Outcome of the encounter , including treated, refused additional treatment, transported to a hospital or other health care facility, transferred to another EMS provider for further treatment, or died • Any other particulars of the encounter as may be relevant or as may be required by the commissioner 10
When Must You Report It? • Not specified • N.J.A.C. 8:40-3.6(d): A copy of the patient care report shall be given to an authorized representative at the receiving health care facility. This shall be done no later than 24 hours after completion of the call . Additions to the original report shall not be made once a copy has been delivered to the receiving health care facility, unless such changes are initialed and dated by the person making the change and the receiving health care facility is provided with a copy of the changes 11 Where Does This Take Place? • At the patient’s bedside during the encounter • At the hospital after transferring patient care • At the building after the call is complete 12
Why Is the Data Being Collected? • FOR THE PATIENT • Continuity of Care • Documentation of Care • FOR THE SYSTEM • Quality Improvement Efforts • Research • FOR THE STATE • Global Data Collection and System Improvements • Opioid Epidemic • FOR YOU! • Know What YOU Are Doing • Individual and Department Levels 13 How is the Data Collected? • NEMSIS compliant Electronic Patient Care Record (ePCR) Systems • Could Write Paper Charts and Enter in Manually After the Fact - Duplication of Effort, Increased Concerns • OEMS Offers Basic Image Trend Product Free of Charge • Other Commercial Products • emsCharts (GoldenHour) • ZOLL • SafetyPad 14
HIPAA • Health Information Portability and Accountability Act (1996) • Minimum Standards for Health Information Privacy and Security • Health Information Technology for Economic and Clinical Health (HITECH) Act in 2009 • Expanded coverage of HIPAA and Breach Requirements 15 HIPAA Terms • Protected Health Information: (PHI): Information that can be traced to a specific individual that relates to an individual’s health condition • Covered Entity (CE): A healthcare provider that transmits PHI in electronic form for a HIPAA-covered transaction • Business Associate (BA): Anyone or anything that uses PHI in work for a covered entity 16
Covered Entities • 45 CFR 160.103 - A covered entity transmits ANY health information in electronic form in connection with a transaction • Transaction means the transmission of information between two parties to carry out financial or administrative activities related to health care . It includes the following types of information transmissions • Health care claims or equivalent encounter information 17 HIPAA Security • Protects PHI • Ensure Confidentiality, Integrity and Availability • Protect Against Reasonably Anticipated Breaches • Includes Administrative, Physical, and Technical Safeguards 18
HIPAA Privacy • Use of PHI - Permitted and Prohibited (INTERNAL) • Disclosure of PHI - Permitted and Prohibited (EXTERNAL) • Consent of the Patient • Treatment, Payment, and Operations (TPO) • MANY Exceptions • Right to Individual Access 19 What Do You Need? • HIPAA Privacy Officer • HIPAA Privacy and Security Policies • Log or System for Access and Release • Authorization Process • Applicable Forms • HIPAA Audit • TRAINING 20
HIPAA Penalties • Without Knowledge or Reasonable Diligence: $100 minimum, $50,000 maximum • Reasonable Cause (Not Willful Neglect): $1,000 minimum, $50,000 maximum • Willful Neglect (30 Day Remedy): $10,000 minimum, $50,000 maximum • Willful Neglect (Not Corrected): $50,000 minimum 21 Cybersecurity • Where is your Data? • Who has access to your Data? • Do you have Policies and Procedures in place to address these issues? • What technology do you use? How secure is it? • Who is responsible for implementing this and ensuring compliance? • How are you going to prepare for this? 22
emsCharts • NEMSIS 3 compliant with state data repository • Safe and secure with HIPAA compliance • Customer configuration and customization options • Continuous customer support • Integrations built with multiple CAD vendors and Billing 23 Conclusions • Compliance Program with HIPAA Privacy and Security and Cybersecurity Best Practices • Joint Program of Keavney & Streger and XPAN Law Group • Flat Fee of $2,000 Per Agency • In-Person Training • Policies and Procedures • Prices May Vary for Larger EMS Agencies 24
Contact Information • Keavney & Streger - njemslaw.com - info@njemslaw.com • XPAN Law Group - xpanlawgroup.com - administrator@xpanlawgroup.com • emsCharts - emscharts.com - sales@emscharts.com • Penn Care - penncare.net - tara@penncare.net 25
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