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Readability Analysis of HIPAA
Privacy Notices
Donna Silsbee, Ph.D., RHIA, CTR, CCS
SUNY Institute of Technology
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Research Partners
• Janice Welker, Ph.D. – Health Services Management Program
• Kimberly Jarrell, Ph.D.– Marketing Program
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Motivation for Research
• Do Consumers Read and Understand Insurance Disclosures?
– Brenda J. Cude, University of Georgia– 2006 Marketing and Public Policy
Conference Proceedings
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Objectives for Today
• At the end of the presentation, the participants will know:– Research questions– Some of the pertinent literature– Methodology used– Preliminary findings– Limitations of the research– Future Plans
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Research Questions
• How many hospitals comply with the requirement to post the notice on their web sites?
• What is the readability of the posted notices?
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Literature Review
• National Council for Educational Statistics:– 43% read below GED prep level– White and McCloskey (2006)
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Literature Review
• Plain Language Principles and Thesaurus for Making HIPAA Privacy Notices More Readable
• HRSA
• 9th grade level – recommended– American general public
– Older Americans would be lower
• http://www.hrsa.gov/servicedelivery/language.htm
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Literature Review
• Matthews and Sewell (2002) – Some states require lower levels on
consumer materials:• Minnesota: 7th
• Alabama: 6th
• Nebraska: 4th
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Literature Review
• Hochhauser (2003)– 31 notices– 2cd to 4th year college level
• Walfish & Watkins (2005)– 40 academic medical center notices– 65% beyond 12th grade
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Literature Review
• Collins, Novotny and Light (2006)– 51 research authorizations – High school or above reading level
• Paasche-Orlow, Jacob, and Powell (2005)– 115 Best Hospitals in America– Average grade level 12.3
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Literature Review
• AMIA/AHIMA Joint Position Statement on Health Information Confidentiality
– Use of clear language– Journal of AHIMA (December 2006)
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Literature Review
• “What did the doctor say?:” Improving Health Literacy to Protect Patient Safety– Joint Commission (2007) – Use plain language– Address community served
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Methodology
• Initial sample:– 4 randomly selected hospitals from
• Each state
• District of Columbia
– 1 hospital volunteered by COP member
– Total = 205 hospitals
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Two readability tests used:
• Flesh Reading Ease Test:– Microsoft Office 2003
0 30
Collegegraduates
60 90 100
5th
grade
70
9th grade
http://en.wikipedia.org/wiki/Flesch-Kincaid_Readability_Test
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Two readability tests used:
• Flesh-Kincaid Grade Level Formula– Corel Word Perfect X3
– Grades 13-16 = college level
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Preliminary Findings
0
20
40
60
80
100
<100 100-199 200-299 300-399 400-499 >500
Figure 1: Number of hospitals by bed size category
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Preliminary Findings
Figure 2: Distribution of hospitals by control type
63%
21%
16%
Voluntary, NonProfit
Government
Proprietary
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Preliminary Findings
95%
5%
Medical/Surgical
Specialty
Figure 3: Distribution of hospitals by type
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Preliminary Findings
Figure 4: Percent of hospitals with posted privacy notices
76%
24%Noticepresent
No notice
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Preliminary Findings
Figure 5: Number of privacy notices at each Flesch level of difficulty
16
122
25
050
100150
Verydifficult
Difficult Fairlydifficult
Standard FairlyEasy
Easy Veryeasy
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Preliminary Findings:
Figure 6: Number of privacy notices by grade level
8 812 12
6
23
44
27
13 10
0
1020
3040
50
7 8 9 10 11 12 13 14 15 16
HRSA Recommendation
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Limitations of Research
• Only used notices posted on the web
• Only used English-language notices
• Some disagreement about value of readability tests
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Future Plans
• Increase the sample size
• Use purposeful sampling to develop a sample that more closely matches the general population of hospitals
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Reference List
• Collins, N., Novotny, N. and Light, A. (2006) A cross-section of readability of health information portability and accountability act authorizations required with health care research. Journal of Allied Health 35:4, p. 223-225.
• Hochhauser, Mark. Why patients won't understand their HIPAA privacy notices. http://www.privacyrights.org/ar/HIPAA-Readability.htm. (retrieved January 17, 2007)
• Matthews, Trudi and Sewell, Jenny. State Official's Guide to Health Literacy. The Council of State Governments, 2002. http://www.csg.org/pubs/Documents/SOG02HealthLiteracy.PDF (retrieved January 18, 2007)
• Paasche-Orlow, M., Jacob, D. and Powell, J. (2005) Notices of privacy practices: a survey of the health insurance and portability act of 1996 documents presented to
patients as US hospitals. Medical Care 43:6 p. 558. • Walfish, Steven and Watkins, Keely. Readability level of health information
portability and accountability act notice of privacy practices utilized by academic medical centers. Evaluation and the Health Professions, Vol 28, No. 4, 479-486.
• White, S., and McCloskey, M. (forthcoming). Framework for the 2003 National Assessment of AdultLiteracy (NCES 2006-473). U.S. Department of Education. Washington, DC: National Center for Education Statistics.