WPHP Confidentiality: A Closer Look
WPHP provides confidential assistance to healthcare professionals with conditions that may negatively impact practice performance. Referrals to WPHP 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 WPHP begins at the initial assessment, following completion of a thorough informed consent procedure.
Existing state and federal laws allow WPHP to protect the identity of participants and referent(s) when they follow WPHP recommendations and do not pose a risk to themselves or their patients. In 90% of cases, WPHP participants’ identities, circumstances, and participation remain confidential and do not involve disclosure to the applicable state regulatory entity. Most WPHP participants known to their regulator were involved prior to referral to WPHP. A small minority (2.5-5% per year) forfeit program confidentiality when risk of unsafe practice or program non-compliance require WPHP to notify the regulatory entity.
Confidentiality Provisions
Washington state statutes and rules provide for a confidential physician health program and set out its definitions and requirements. RCW chapters 18-71 (Physicians) and 18-130.070 (especially 18-130-175) are the most relevant statutes. WPHP is a Part 2 program under 42 CFR Part 2 – Confidentiality of Substance Use Disorder Patient Records. 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.
With limited exception, WPHP does not 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 WPHP record during discovery in a legal proceeding.
WPHP 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
WPHP’s commitment to confidentiality and privacy is unwavering. That said, there are important practical and legal limitations to confidentiality that should be considered.
WPHP participants may be asked to provide consent for WPHP to communicate with evaluation and treatment providers, key supports, or concerned others as a condition of program participation. Such communications are critical for WPHP to effectively carry out its mission and support the health and advocacy needs of program participants. WPHP 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.
WPHP has a statutory obligation to notify the applicable regulatory entity when a participant is unable to practice with reasonable skill or safety or fails to comply with program requirements (RCW 18.130.175). Such notifications are uncommon. In such cases, WPHP provides ample opportunity for remedy prior to notifying the regulator. Following notification, WPHP must release program records to the regulator if requested.
Danger to self or others, abuse of a child or vulnerable adult, and medical emergencies are other examples in which WPHP may have a legal reporting obligation that supersedes a participant’s confidentiality protections.
WPHP 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.
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