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HOSPICE ETHICS
“Playing by the Rules”
Presenter: Diedra Kearney
Utah Hospice & Palliative Care Association
Ethics Committee Chair
THOSE SEEKING TO IMPROVE THE QUALITY OF LIFE FOR
PEOPLE NEARING THE END OF LIFE MUST ASSUME THE
RESPONSIBILITY OF GREAT TRUST. THIS RESPONSIBILITY GOES
BEYOND LEGAL OR BUSINESS OBLIGATIONS.
IT IS A CRUCIAL RELATIONSHIP THAT MUST BE WELL TENDED
AND NOURISHED. IN FACT, THE PATIENT AND FAMILY ARE, AND
MUST BE, THE CENTER AROUND WHICH EVERY
CONVERSATION, DECISION, AND ACTION OF THE
ORGANIZATION REVOLVES.
Objectives
• This workshop will review NHPCO’s recently published position
statement, “Hospice and Palliative Care: Ethical Marketing
Practices,” and “Hospice Code of Ethics” and discuss successful
implementation of the recommendations therein.
• Identify internal risk areas for unethical practices, and solutions to
avoid common violations.
• Learn to effectively utilize your Ethics Committee and Compliance
Program teams to audit and ensure ongoing best practices.
National Hospice & Palliative Care Organization
HOSPICE AND PALLIATIVE CARE: ETHICAL MARKETING PRACTICES
The National Hospice and Palliative Care Organization (NHPCO) recognizes the
importance of marketing and developing business opportunities for hospice and
palliative care services in communities across the nation. (NHPCO, Ethical Principles,
2006)
Ongoing promotion of palliative and end-of-life care services through public education
as well as through marketing and business development efforts are essential
components necessary to assure access to all eligible individuals who want these
services.
Ethical hospice and palliative care providers are sensitive to
and exemplify the foundational hospice values of service,
respect, excellence, collaboration and stewardship.
• These values can both inspire and challenge providers as they promote
services in the community.
• They can motivate hospice and palliative care organizations to achieve
common goals and be known as reliable and trustworthy healthcare
providers.
• They also establish accountability for sound ethical practice as providers
enter the marketplace to provide access to hospice and palliative care.
NHPCO Position Statement
• Access to Care
• Competition
• Customer Service Excellence & Boundaries
• Hospice & Palliative Care Organizations as Referral
Sources
• New trends in Marketing and Communication
• Traditional Media Marketing
-for more info…List location or contact for specification (or other related documents)
Access to Care
• “Universal availability” of comprehensive hospice and palliative care services, with
specific emphasis on reaching traditionally underserved populations”
• Hospice and palliative care providers seek to remove barriers to people receiving
quality palliative and end-of-life care. The foundation of such efforts is broad
education. Grounding marketing efforts in education and building relationships
with other providers are critical to making hospice and palliative care services
available to those who need them.
• Since Congress enacted the Medicare Hospice Benefit in 1982, education
initiatives have had a positive impact—more residents of the United States have
access to meaningful palliative and end-of-life services. That progress is notable
and should continue.
Competition
Competition among hospice and palliative care providers should be
viewed by providers in a positive framework and can be a healthy
incentive to provide the highest quality service and increase access
to care. As organizations develop new services and improve
outcomes for effective and efficient patient/family care, they make
valuable contributions to the industry as a whole.
“Not only are we held accountable for our own actions, but we
are also judged by the conduct of our peers — those who
operate in the same field. As such, it is essential that all
hospice and palliative care organizations operate in a caring,
ethical, and trustworthy manner in all facets of their clinical
and business activities, seeking to uphold the highest levels of
conduct. A strong organizational ethic helps to facilitate
conversations between professional groups both within and
outside of a hospice and palliative care organization.”
NHPCO “Ethical Principles Publication” 2006
Customer Service Excellence and Boundaries
Many hospice and palliative care organizations have worked diligently to
implement qualitative measures that facilitate establishment of standard
practices that, in turn, ensure excellent patient and family care.
Excellent customer service must be provided within the parameters that
constitute clinically appropriate hospice and palliative care services which
are compliant with all applicable federal and state regulations. Hospice
and palliative care organizations, therefore, “assume responsibility for
ethical decision-making and behavior related to the provision of hospice
care.”
Hospice & Palliative Care Organizations as
Referral Sources
In addition to marketing one’s own services to the community, hospice and
palliative care providers are the focus and recipients of marketing efforts by other
service providers.
Because pharmaceutical, durable medical equipment (DME), funeral and
cremation, homecare and many other organizations approach hospice and
palliative care professionals for business, it is essential to identify prevailing federal
and state legal and regulatory requirements and educate all staff
regarding them.
It is also important for staff to be educated on the ethical norms of marketing and
business development.
New Trends in Marketing and
Communication
“Ethical guidelines in social media are crucial for keeping us safe while keeping the
Internet open for both communication and commerce…. Honesty, transparency,
respect, privacy, relevance and responsibility” are foundational elements for these
guidelines. (Ethics Blog, retrieved February 9, 2010)
As hospice and palliative care organizations use podcasts, blogs, and social networks
(e.g., Twitter, Facebook, MySpace, LinkedIn, YouTube), they must do so responsibly.
procedures as set forth in the Health Insurance Portability and Accountability Act of
1996 (HIPAA) Privacy and Security Rules. (U.S. Department of Health and Human
Services, Health Information Privacy, 1996)
Traditional Media Marketing
The use of print and broadcast media, such as newspaper
advertisements, billboards and radio, have also been valuable and
effective ways of communicating with the public about hospice and
palliative care services. They help educate and inform the
community at large and can lead to greater access to palliative and
end-of-life services.
Statement of Ethics
American Marketing Association
“As marketers, we recognize that we not only serve our
organizations but also act as stewards of society in creating,
facilitating and executing the transactions that are part of the
greater economy. In this role, marketers are expected to
embrace the highest professional ethical norms and
the ethical values implied by our responsibility toward
multiple stakeholders (e.g., customers, employees, investors,
peers, channel members, regulators and the host
community).”
The NHPCO Ethical Marketing Statement includes:
“…if competitive practices strive only to gain an
advantage based on promises that go unfulfilled
or overextension of services that in essence
become inducements for referrals, this leads to
inferior quality and reflects poorly on the hospice
and palliative care industry.”
What to Do
1.
2.
3.
Clarify, communicate and reinforce
your values
Don't assume
Eliminate all bonuses tied to
admissions
Clarify, communicate and reinforce your values
• The leadership team must embrace and act within the context of the values. If
openness and honesty are values, then staff need to see the leadership team
communicating in an honest manner
• Link values adherence to performance reviews
• Recognize employees and teams/departments that exemplify the organizational
values
• Weave values into educational offerings, providing examples of how a topic can
be addressed in the context of the value
• Ensure that department goals – especially the marketing department’s goals –
are written within a framework of your values.
Don't assume
• As leaders it’s our responsibility to know what our staff are saying when
they represent the organization.
• Periodically accompany marketing and intake staff on visits to hear how
they present the organization to referral sources, patients and families.
• Mystery shop – call or have someone you know call your organization
pretending to be a family member seeking information about the care
and services you offer
• Ask questions on your family satisfaction survey about the intake process
and on the referral satisfaction survey about the marketing team
Eliminate all bonuses tied to admissions
Monetary rewards for intake or marketing
staff cannot be tied to admissions or length
of stay.
Conclusion
NHPCO’s stated position provides guidance on ethical
practices as providers market end-of-life care services
and respond to the marketing efforts of other providers.
It is also intended to be a catalyst for dialogue within and
among organizations that provide hospice and palliative
care—a dialogue that will support ethical standards of
practice for those who market hospice and palliative care
services.
***