February 2018 Issue 98 £12.50
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INDEPENDENT PRACTITIONER TODAY
The business journal for doctors in private practice
In this issue
A self-pay boom
Tactics to use to tap into the growing self-pay market and boost patient numbers P20
Don’t rush to punish
Advice to help navigate the minefield of managing Why a well-structured portfolio allows you misconduct among your employees P40 to ignore the gloom when investing P38
Ditch the doomsayers
Get ready for data law By Robin Stride
Practice management experts are warning independent practitioners to ensure they are geared up for new EU data laws which threaten huge penalties for non-compliance. The General Data Protection Reg ulation (GDPR) is set to force changes in the way doctors run their businesses. But with just three months to go until the existing Data Protection Directive is updated, there is concern that many practices are far from ready, while others are ignorant of what is required. Samantha Mulligan, director of a company providing practice management services to independent specialists, told Independent Pract itioner Today: ‘It is feared that consultants do not realise or haven’t taken on board how much this change can affect them. ‘And even more worrying, the impression is that some haven’t even heard of it. We want to bring GDPR to the attention of all consultants, as the repercussions could be so dauntingly large with a potential fine totalling up to 4% of their global turnover.’ The data regulation update aims to reflect modern-day data usage. It comes in to force on 25 May 2018 and will impact everyone handling personal information. She explained: ‘The GDPR update In association with
aims to bring uniformity to data protection laws by making them like those already in force throughout the EU. ‘Brexit doesn’t change anything, as the Government has confirmed that GDPR changes will be implemented, despite the UK’s impending exit from the EU.’ Her firm, KMS Professionals, offered to help our readers by producing the following advice on some key steps to take and what should be done to ensure practices are compliant. 1. The main GDPR changes independent practitioners should be aware of are: Time to report a breach of data has been reduced to 72 hours; Significantly tougher fines for non-compliance and breaches; New obligations and controls over processing and storing patient data, including encryption; Explicit patient consent must be gained to cover storage and how you use that patient’s data. If you are going to share it with other practitioners or the patient’s GP, you will need consent. Implicit consent is no longer acceptable. 2. If you or your practice manager are doing any of the following, these must stop by May 2018: Sending personal data via unencrypted email – not only can the patient be identified, the email address may be incorrect; Sending voice files via email;
Using mobile phone apps to
transfer patient photos or details to other practitioners; for instance, WhatsApp, Snapchat and text message; Leaving messages on patient answerphones that include personal information; Personally transporting labelled samples to labs. 3. What you should/can do: Send voice files via a secure method, such as a Cloud server; Only send emails that include personal data if they are encrypted or password protected.
Only the true recipient can open the email, so if the email address is incorrect, the recipient will be unable to open the email and there will be no breach of data; When leaving a voicemail, think about what you are saying. You cannot guarantee who else will listen to that message; If using a fax, be aware of who could pick the document up the other end. You need to check the recipient has received the fax; Ensure you are up to date with the new legislation. ➱ continued on page 2
On your marks! Orthopaedic surgeon Mr Ian McDermott gets to grips with the latest technology to improve diagnosis of knee injuries and assessment of patients pre- and post-operatively at the launch of London Sports Orthopaedics’ Research & Outcome Centre. n See story on p5