JCI Standard MCI.12 – a policy on the retention time of records, data, and information

Paper-based medical records is the way most public and private hospitals in Malaysia continue to preserve their patient medical records. Existing filing space for the efficient storage of newer medical records is a common problem, and for most Health Information Management (HIM) / Medical Records (MR) practitioners, it is a never-ending battle against overcrowded files and the struggle to find more space.

The need for adequate storage space for newer and older medical records (as you already know, older medical records placed in storage and rarely accessed are called archived records or inactive records) is driven by medical reasons, legal reasons and management reasons.

Medical records must be kept for so long as they are necessary to support patient care in the treatment and management of cases.

The legal documentation reason has heightened the importance of medical record retention (the length of time a hospital for example will maintain an archived record ) from the threat of medical malpractice suits, as patient and their families become more aware of the rights to quality care, and solicitors ever willing to take on medical malpractice suits.

Thus, the medical records must be kept for so long as long as the threat of a medical malpractice suit exists. So if the medical records are necessary for the purpose of a court case, the medical records must be kept until the case is concluded, a process which may take many years. A doctor may be in court as a litigant or a witness. Even as a witness in a case which is heard many years after the events in question, the doctor may need to refer to the original medical records.

Collection of hospital statistics, disease coding, claims processing, communicable disease reporting, incident reporting, morbidity and mortality reviews are some management reasons.

Does this mean that, if at all possible, medical records should be maintained indefinitely?

Given the hospital’s administrative constrains to provide additional space with additional cost implied versus the statutory mandates to maintain medical records for a defined period for legal reasons, the medical reasons, and the management reasons,.a hospital needs a strategic plan for preserving medical records for a definite period of retention.

Image credit : silverdane.com

The hospital must develop a medical record retention policy and must be guided by its own activities, research and education activities.

This policy will dictate how medical records are to stored (records can be stored on paper, microfilm, magnetic tape, optical disk, or as part of an electronic (or computer) system), where will they be stored, what happens to the medical records that have lapsed the retention period , all of which are guided by statute, regulation, law and guidelines.

I shall refrain from posting the methods of storage of newer and older medical records and the destruction of medical records that have lapsed the retention period, as I intend to only discuss on establishing a hospital retention policy for medical reasons and legal reasons but briefly and discuss a little more the quality assurance reasons.

HIM/MR practitioners already know that medical records serve for the continuity of medical and nursing care while in hospital, and follow-up care. HIM/MR practitioners also know that medical records must be maintained for specific periods for legal reasons and I like to list the relevant statutes, laws and guidelines that prevail in Malaysia :

  1. The statute of limitations, Act 254, cited as the Limitation Act 1953, dated 19 February 1953, is an Act to provide for the limitation of actions and arbitrations (which is the time period during which a person may bring forth a lawsuit including medical malpractice suits), but applies to Peninsular Malaysia only.
      1. Section 6(1) of this Act limits actions in tort to commence not more than six years after the occurrence of the damage and unlike laws in Australia, the United Kingdom and in Singapore, does not contain provisions for the discretionary extension or exclusion of the time limit allowed by law in relation to tort or personal injuries.
      2. Include in the policy if patient is under a legal disability, that the records should be kept for a minimum of 7 years from the date when the patient’s legal disability ceases or the patient’s death, whichever is earlier, as provided for under Section 24(1) of this act.
  2. Act 629, the National Archives Act 2003 (incorporating all amendments up to 1 January 2006), is an Act to provide for the creation, acquisition, custody, preservation, use and management of public archives and public records (records officially received or produced by any public office for the conduct of its affairs or by any public officer or employee of a public office in the course of his official duties and includes the records of any Government enterprise) and for other matters connected therewith.
      1. The National Archives of Malaysia had supported and agreed to a Ministry of Health Malaysia proposal for a uniform medical records retention and disposal schedule for all public hospitals in Malaysia. Through its letter of approval allowable under Section 27 (1) of the Act 629, the National Archives Act 2003, an approval dated 30 November 2006 was released by the National Archives for a comprehensive and standarised medical records retention and disposal schedule for all public hospitals and health facilities in Malaysia.
      2. The retention period for all medical records with the exception of medical records of psychiatric, obstetric and paediatric cases will be retained for a period of seven (7) years from the last date of treatment.
      3. A copy of this approval can be obtained from a Ministry of Health Malaysia Guideline Manual on Medical Records Management published by the Medical Development Division and released through a Director General of Health Malaysia directive No. 17 of 2012 (Pekeliling Ketua Pengarah Kesihatan Bil 17/2010, Garispanduan Pengendalian Dan Pengurusan Rekod Perubatan Pesakit Bagi Hospital-Hospital Dan Institusi Perubatan Kementerian Kesihatan Malaysia, Bahagian Perkembangan Perubatan Kementerian Kesihatan Malaysia, a document in Malay).
      4. The standarised medical records retention and disposal schedule for all public hospitals and health facilities in Malaysia was circulated through a MoH circular MOH/PAK/121.06.(GU), Mac 2007 in March 2007(Jadual Pelupusan Rekod Perubatan, MOH/PAK/121.06.(GU), Mac 2007 – in Malay).
  3. Act 586, Private Healthcare Facilities And Services Act 1998 (incorporating all amendments up to 1 May 2006) is an Act to provide for the regulation and control of private healthcare facilities and services and other health-related facilities and services. Section 107, (2), (f) under ‘Power to make regulations’ requires that the records to be kept of patients and persons treated in the private healthcare facilities or services but does not stipulate a retention policy.
      1. I think such private healthcare facilities or services could however plan for a retention policy for the reasons given in second paragraph of this post.
      2. The same provision of a minimum period of seven (7) years from the last date of treatment for the retention of all medical records with the exception of medical records of psychiatric, obstetric and paediatric cases could b adopted into a private hospital’s retention policy.
      3. Likewise other contents of the medical records retention and disposal schedule for all public hospitals and health facilities in Malaysia could be availed and incorporated into its own private hospital medical records retention policy.
  4. Act 21, this Act cited as the Age of Majority Act 1971 dated 30 April 1971 is an Act to amend and consolidate the law relating to the age of, states under Section (2) that the minority of all males and females shall cease and determine within Malaysia at the age of eighteen years and every such male and female attaining that age shall be of the age of majority.
      1. Since the minimum period for the retention of all medical records with the exception of medical records of psychiatric, obstetric and paediatric cases is seven (7) years from the last date of treatment, then for minors medical records should be retained for another 7 years from the age of majority, that is for 25 years.
  5. The Medical Defence Malaysia Berhad (MDMB) website at http://www.mdm.org.my/articles.php?newsID=2 (clicking on this link will open the website page in a new tab in your current window) presents a page on Medical Records: Preservation And Matters Of Evidence.  MDMB a “not-for-profit” company limited by guarantee, functioning as a mutual medical defence organisation that aims to provide support in areas such as medico-legal counselling and the development of educational resources.

HIM/MR practitioners must also know that if their hospital is in the process for accreditation of a quality program, then the medical records retention policy must be updated, readily available, complete and relevant. In order to be complete and relevant, I would recommend that this policy be jointly developed with the full knowledge and participation of the medical staff  who have contributed to a medical record content.

HIM/MR practitioners would provide secretarial support, coordinate the updating and completion of a up-to-date and revised hospital medical records policy. This policy will be measured against the Joint Commission International (JCI) Standard MCI.12 which states that “The organization has a policy on the retention time of records, data, and information”, if your hospital is on the path to be accredited or is to be re-surveyed for new period of accredited status when adopting the JCI accreditation process.

So if your hospital has a policy on retaining medical (patient clinical) records and other data and information, the retention process provides expected confidentiality and security, and all of your records, data, and information are destroyed appropriately after the retention period, then clearly this policy will comply with the JCI Standard MCI.12, ME 1 to ME 3.

This is not to imply you only rush to comply with JCI compliance (the JCI Standard MCI.12 merely states this requirement to comply with their standards compliance and accreditation status but does not necessarily mandate record retention schedules) but the policy is relevant for all the reasons as I have given above, once again to reiterate federal and local (if any) retention laws, legal requirements, need for continuing patient care and follow-up, research/educational uses, and management uses.

In closing, do take note that a  policy on retention of medical records is meant to serve as a guide on the retention periods for medical records, and do get the help of a legal counsel of your hospital or organisation if you are not sure about the Laws and their interpretations to be included in the policy.

References:
Edna,  KF 1983, Medical Records Management, 7th edn, Physician Records Company, Illiniois, USA

Joint Commission International 2010, Joint Commission International Accreditation Standards For Hospitals, 4th edn, JCI, USA

Margaret, AS 2003, Health Information Management, 5th edn, Jossey-Bass, San Framsico, USA

World Health Organisation 2006, Medical Records Manual: A Guide for Developing Countries, WHO Regional Office for the Western Pacific, Philippines

Initial medical assessments results in an initial diagnosis

From the earlier post Medical documentation in medical records of initial medical and nursing assessments, I wrote about the initial assessment which includes :

  • an evaluation of the patient’s medical status through a physical examination and health history
  • the psychological assessment determines the patient’s emotional status (for example, if he or she is depressed, fearful, or belligerent and may harm him- or herself or others)
  • gathering social information on a patient’s social, cultural, family, and economic contexts are important factors that can influence his or her response to illness and treatment but is not intended to “classify” patients
  • inputs from patient’s families  providing helpful clues in these areas of assessment and in understanding the patient’s wishes and preferences in the assessment process
  • economic factors as part of the social assessment or assessed separately when the patient and his or her family will be responsible for the cost of all or a portion of the care while an inpatient or following discharge

You would have also read from that post, how many different qualified individuals may be involved in the assessment of a patient. The most important factors are that the assessments are complete and available to those caring for the patient.

Image credit : http://kcougs.wordpress.com

When the initial assessments are completed and available, the doctor forms and initial diagnosis. The initial diagnosis ia an important part of the medical documentation in a medical record.

For quality assurance purposes, and for benefit of a Health Information Management (HIM) / Medical Records (MR) practitioners working in a hosptial that is actively undergoing an accreditation program for quality assurance and if your hospital is adopting the Joint Commission International (JCI)  acrreditation program, do take note that the initial diagnosis is an important medical documentation by a doctor in a medical record and must always be present in a medical record in order to comply with the Joint Commission International (JCI) Standard AOP.1.2, ME 4 which states that “The initial assessment(s) results in an initial diagnosis”.

For your information the JCI Standard AOP.1.2 states that “Each patient’s initial assessment(s) includes an evaluation of physical, psychological, social, and economic factors, including a physical examination and health history.”

Also ensure that all your inpatient and outpatient medical records :

  • contain documentation about an initial assessment(s) that includes a health history and physical examination consistent with the requirements defined in hospital policy,  thus complying with the JCI Standard AOP.1.2, ME 1
  • contain documentation about that each patient had received an initial psychological assessment as indicated by his or her needs, which will then comply with the JCI Standard AOP.1.2, ME 2 ; and
  • contain documentation that shows each patient received an initial social and economic assessment as indicated by his or her needs, which will also then comply with the JCI Standard AOP.1.2, ME 3

In summary, your medical records documentation must comply with the JCI Standard AOP.1.2 and its four (4) requirements, if your hospital hopes to meet this JCI accreditation standard of quality of care.

References:
Joint Commission International, 2010, Joint Commission International Accreditation Standards For Hospitals, 4th edn, JCI, USA

JCI Standard MCI.3 – Communication with Patients and Families, provided in an understandable format and language

Patients can only make informed decisions and participate in the care process if they understand the information provided to them. This includes their follow-up care through information about educational and training resources available from the hospital or from community resources through relationships established by the hospital. Community resources help support continuing health promotion and disease prevention education. This follow-up care information from  the hospital or from established community resources is to meet the patient’s ongoing health needs or to achieve their health goals.

Particular attention is given to the format and language used in communicating with and providing education to patients and families. Patients respond differently to spoken instructions, printed materials, videotapes, demonstrations, and so on. Also, it is important to understand the language preferred.

A written statement appropriate to a patient’s age, understanding, and language posted in a hospital is an example to inform the patient and the family’s responsibility on their rights and to understand their responsibilities in the care process of the patient as an inpatient or registration as an outpatient.

Medicine information leaflets is another example of printed materials, but associated with the distribution of medicines. The format used in medicine information leaflets must take into account the order of information which is presented. This order effect is related to the perceived importance of the information which affects people’s understanding and memory of the information presented. For example, patients are likely to remember better about side effects of medicine administered to them irrespective of its relative position in a medicine leaflet in contrast to instructions on dosage and how to take their medicine, which they ought to remember better. Thus the need for key information about drug administration to be given near to the start of a medicines information leaflet.

Hospitals frequently serve communities with a diverse population. One or more languages spoken by patients in the community serviced by the hospital could be used in a loose-leaf folder or file cards. Translators in your community can help build standardised lists for the most commonly heard languages in your community. Technical terms, slang, or phrases with a double or colloquial meaning should be avoided.

Research has shown that a patient speaking the same native language as the doctor (as well as a nurse of other healthcare provider) has the advantage of greater rapport with a patient. They gave better explanations of treatment. Patients had better understanding of instructions, showed a greater recall and asked questions, and undoubtedly understood printed materials better.

If there are differences in the language used between doctors (as well as a nurse or other healthcare provider) and patients, then family members or interpreters/translators may need to assist with the education or translate materials.

Wherever possible, it is better to use a professional interpreter. A trained interpreter often understands the culture of the person, as well as the language. The skilled interpreter can explain nonverbal cues, in addition to what the patient says.

The interpreter is an invaluable staff resource  rather than a family member, child translator – a child member of the family, should be used only as a last resort especially to communicate important clinical and other information and education, and non-family members.

A hospital could also develop a list of its employees or individuals to contact in the community who speak a second language and are willing to act as translators of printed materials, videotapes, demonstrations, and so on.

Sometimes, a family member or significant other can act as an interpreter. Having a member of the family translate may be inappropriate. It is important for the doctor as well as a nurse or other healthcare provider to recognise the limitations of family members and non-family members when they are used to translate or interpret in overcoming any patient barriers to communication and understanding.

The foregoing paragraphs ensues the compliance with the Joint Commission International (JCI) Standard MCI.3, that is “Patient and family communication and education are provided in an understandable format and language.”

In a hospital that is undergoing the process of accreditation and has adopted the JCI quality standards, then the hospital must comply with providing patient and family communication and education in an understandable format and in an understandable language as I have outlined above. The hospital would therefore satisfy the JCI Standard MCI.3, ME 1 and 2.  If the hospital has a policy and practices to engage professional interpreters rather than using family members as interpreters and translators and ensuring that child translators are only used as last resorts, then the hospital complies with the JCI Standard MCI.3, ME 3.

References:
Caroline, BR & Mary, TK 2012, Textbook of basic nursing, 10th edn, Wolters Kluwer Health, Lippincott Williams & Wilkins, Philadelphia, USA

Dianne, B 2007, Health communication Theory and practice, Open University Press, NY, USA

Joint Commission International 2010, Joint Commission International Accreditation Standards For Hospitals, 4th edn, JCI, USA

Sue, CD & Patricia, KL 2011, Fundamentals of Nursing: Standards & Practice, 4th edn, Delmar, Cengage Learning, NY, USA

Assessments within 24 hours

Let’s assume that you as a Health Information Management (HIM) / Medical Records (MR) practitioner, work in a hosptial that is actively undergoing an accreditation program for quality assurance, and your hospital is adopting the Joint Commission International (JCI)  acrreditation program.

During the survey process when your hospital is undergoing the  JCI  acrreditation program, surveryors may request a closed medical record review session.

As a HIM / MR practitioner in such a hospital setting, you need to know that  a sample of your medical records will be used for this closed medical records review session, and you must be aware of the reason why those records are reviewed and what the surveyors are looking for in them.

The surveyors will check for compliance on JCI standards, and one of them is the JCI Standard AOP.1.5 as listed in the Closed Medical Records Review Form (i.e JCI Standard AOP.1.5 is one of the JCI standards included in the list of standards in this form).

JCI Standard AOP.1.5 states that “Assessment findings are documented in the patient’s record and readily available to those responsible for the patient’s care.”

The Closed Medical Records Review Form is used to gather and document complainance wth the JCI Standard AOP.1.5 which is one of the JCI standards that require documentation in the patient’s medical record.

If you read about the post Medical documentation in medical records of initial medical and nursing assessments on initial medical and nursing assessments, initial assessments and continuous assessment findings are used throughout the care process to evaluate patient progress and to understand the need for reassessment. If all medical and nursing  assessments from the initial instance and throughout the patient’s stay at the hospital is documented well in the patient’s medical record, then your hospital certainly complies well with the JCI Standard AOP.1.5, ME 1 which states “Assessment findings are documented in the patient’s record.”

If your medical, nursing, and other meaningful assessments are documented well and can be quickly and easily retrieved from the patient’s record or other standardised location and used by those caring for the patient, then the surveyors and certainly your hospital’s management will be happy that your hospital passes the JCI Standard AOP.1.5, ME2 which states “Those caring for the patient can find and retrieve assessments as needed from the patient’s record or other standardized accessible location.”

Doctors and nurses must ensure that the patient’s medical and nursing assessments are documented in the record within the first 24 hours of admission as an inpatient.

This does not preclude the placement of additional, more detailed assessments in separate locations from the patient’s record as long as they remain accessible to those caring for the patient. If this is done within this stipulated time frame, then your hospital also complies with the JCI Standard AOP.1.5, ME 3 and ME 4 which state respectively “Medical assessments are documented in the patient’s record within 24 hours of admission.” and “Nursing assessments are documented in the patient’s record within 24 hours of admission.”

References:
Joint Commission International, 2010, Joint Commission International Accreditation Standards For Hospitals, 4th edn, JCI, USA

Medical documentation in medical records of initial medical and nursing assessments

In everyday life, you and me conduct many informal assessments. One common assessment is whether you or me is hungry and when will you or me will be able to eat next. Such assessments made each day determine many of our actions and influence our comfort and success for the remainder of the day.

Virtually every health care professional performs assessments to make professional judgments related to patients. Doctors and nurses make assessments on a patient, the patient’s family, or the patient’s community to determine medical and nursing interventions that directly or indirectly influence the health status of a patient.

Pals, the purpose of a doctor or nursing health assessment is to collect subjective data -data that rely on the feelings or opinions of the person experiencing them and which cannot be readily observed by another, and objective data – which are measurable data (also called signs) that can be seen, heard, or felt by someone other than the person experiencing them, to determine a patient’s overall level of functioning in order to make a professional clinical judgment.

Subjective data from the patient’s point of view (also referred to as symptoms) are obtained through interviews with the patient, includes:

  1. data regarding sensations or symptoms (e.g., pain, hunger)
  2. feelings (e.g., happiness, sadness)
  3. perceptions, desires, preferences, beliefs, ideas, values, and personal information that can be elicited and verified only by the patient

Objective data on the other hand, are directly observed by the examiner and those obtained by general observation and by using the four physical examination techniques: inspection, palpation, percussion, and auscultation and typically includes :

  1. physical characteristics (e.g., skin color, posture)
  2. body functions (e.g., heart rate, respiratory rate)
  3. appearance (e.g., dress and hygiene)
  4. behavior (e.g., mood, affect)
  5. measurements (e.g., blood pressure, temperature, height, weight)
  6. results of laboratory testing (e.g., platelet count, x-ray findings)

Doctors also base their initial assessments from the patient’s medical/health record as another source of objective data, which is the document that contains information about what other health care professionals (i.e., nurses, physical therapists, dietitians, social workers) observed about the patient. Doctors can also gather objective data made by observations noted by the family or significant others about the patient.

However, the purpose of a nursing health history and physical examination differs greatly from that of a medical or other type of health care examination (e.g., dietary assessment or examination for physical therapy). A nurse collects physiologic, psychological, sociocultural, developmental, and spiritual data about the patient. Thus the nurse performs holistic data collection.

In contrast, the doctor performing a medical examination focuses primarily on the patient’s physiologic development status.

As Health Information Management (HIM) / Medical Records (MR) practitioners working at a JCI accredited hospital or a hospital being accredited, you need to know about a quality standard declared by the Joint Commission International (JCI) through the Standard AOP.1.3 which states “The patient’s medical and nursing needs are identified from the initial assessments and recorded in the clinical record.” and its five (5) Measurable Elements (MEs).

The JCI quality standard AOP.1.3 is yet another medical documentation requirement as recorded in your medical records

An initial comprehensive assessment involves a collection of subjective data about a patient’s perception of his or her health of all body parts or systems, past health history, family history, and lifestyle and health practices (which includes information related to the patient’s overall function) as well as objective data gathered during a step-by-step physical examination.

In a hospital setting, the doctor is responsible for the objective data collection for an initial comprehensive assessment and usually performs a total physical examination when the patient is admitted, while the nurse typically collects the subjective data, especially those related to the patientt’s overall function.

The objective data collection by the doctor identifies the patient’s medical needs from this initial assessment, documented health history, physical exam, and other assessments performed based on the patient’s identified needs as required by the JCI Standard AOP.1.3, ME 1.

The initial assessment by a nurse is the first and most critical phase of the nursing process. If data collection is inadequate or inaccurate, incorrect nursing judgments may be made that adversely affect the remaining phases of the process: diagnosis, planning, implementation, and evaluation. Although an initial assessment process precedes the other phases in the formal nursing process, nurses are always aware that assessment is ongoing and continuous throughout all the phases of the nursing process.

The nursing care needs of the patient identified by the nurse’s holistic data collection as outlined above, thus complies with the JCI Standard AOP.1.3, ME 2 i.e the nurse’s documented assessment, the medical assessment, and other assessments performed are based on the patient’s needs.

Regardless of who collects the data, a total initial health assessment (subjective and objective data regarding functional health and body systems) is needed when the patient first enters a hospital and periodically thereafter to establish baseline data against which future health status changes can be measured and compared. Frequency of comprehensive assessments depends on the patient’s age, risk factors, health status, health promotion practices, and lifestyle

The identified medical needs and the identified nursing needs of the patient must be documented in the patient’s clinical record as required by the JCI Standard AOP.1.3, ME 3 and ME4 respectively.

To accomplish the requirements of the JCI Standard AOP.1.3 namely ME 1. ME 2, ME 3 and ME4,  a hospital must determine the following requirements incorporated within written  policies and procedures which supports consistent practice in all areas :

  1. the minimum content of the initial medical and nursing and other assessments
  2. the time frame for completion of assessments including completion of the most urgent care needs identified from integrated assessments
  3. the documentation requirements for assessments including the integration of the additional assessments by other health care practitioners, including special assessments

If the above three requirements are met, I strongly believe that a hospital complies with the JCI Standard AOP.1.3, ME 5 which states that “Policies and procedures support consistent practice in all areas”.

Although the medical and nursing assessments are primary to the initiation of care, there may be additional assessments by other health care practitioners, including special assessments and individualised assessments. This is an integration requirement of the third requirement of written  policies and procedures on initial assessments I mentioned above.

Examples are, when a physical therapist performs a musculoskeletal examination, as in the case of a stroke patient, and a dietitian who may take anthropometric measurements in addition to a subjective nutritional assessment.

These assessments must be integrated into the initial assessment and the most urgent care needs identified. This is a time frame requirement of the second requirement of written  policies and procedures on initial assessments.as I also mentioned above.

Once a patient’s medical and nursing needs are identified from the initial assessments and duly recorded in the medical record, I conclude that a hospital then complies by the JCI Standard AOP.1.3

Please take note that the JCI Standard AOP.1.3 does not include the initial medical and nursing assessments of emergency patients.

References:
Janet, W & Jane, HK 2010, Health assessment in nursing, 4th edn, Wolters Kluwer Health, Lippincott Williams & Wilkins, Philadelphia PA, USA

Joint Commission International, 2010, Joint Commission International Accreditation Standards For Hospitals, 4th edn, JCI, USA

Sue, CD & Patricia, KL 2011, Fundamentals of Nursing: Standards & Practice, 4th edn, Delmar, Cengage Learning, NY, USA