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<article xmlns:xlink="http://www.w3.org/1999/xlink">
  <front>
    <journal-meta />
    <article-meta>
      <title-group>
        <article-title>Genetic Counseling Using Workflow-based EMRs</article-title>
      </title-group>
      <contrib-group>
        <contrib contrib-type="author">
          <string-name>Bo Yu⇤</string-name>
        </contrib>
        <contrib contrib-type="author">
          <string-name>Duminda Wijesekera⇤</string-name>
        </contrib>
        <contrib contrib-type="author">
          <string-name>Paulo Costa</string-name>
          <email>pcosta@gmu.edu</email>
          <xref ref-type="aff" rid="aff0">0</xref>
        </contrib>
        <contrib contrib-type="author">
          <string-name>George Mason University</string-name>
        </contrib>
        <contrib contrib-type="author">
          <string-name>Fairfax</string-name>
        </contrib>
        <contrib contrib-type="author">
          <string-name>dwijesek</string-name>
        </contrib>
        <contrib contrib-type="author">
          <string-name>shiremag}@gmu.edu</string-name>
        </contrib>
        <aff id="aff0">
          <label>0</label>
          <institution>Department of Systems Engineering and Operations Research, George Mason University</institution>
          ,
          <addr-line>Fairfax, VA 22030</addr-line>
          ,
          <country country="US">USA</country>
        </aff>
      </contrib-group>
      <pub-date>
        <year>2015</year>
      </pub-date>
      <fpage>6</fpage>
      <lpage>13</lpage>
      <abstract>
        <p>-Widespread use of genetic tests for medical treatment and clinical genetic counseling-as a cost-effective treatment for an increasing number of hereditary disorders-has led to study of privacy and disclosure issues, and has compelled governments to limit disclosure of test results. To the best of our knowledge, no clinical workflows for genetic counseling apply applicable information disclosure laws have been documented and enforced in Electronic Medical Records (EMRs). To fill this void, herein we model a representative genetic counseling workflow and show how to simultaneously enforce privacy and informed consents in an open-source EMR. Our prototype provides workflow-guided counseling as well as consent management that enforces state and federal law-compliant genetic information sharing. Index Terms-Genetic Privacy, Privacy Laws, Electronic Medical Records (EMRs), Workflow Management Systems, Ontology</p>
      </abstract>
    </article-meta>
  </front>
  <body>
    <sec id="sec-1">
      <title>-</title>
      <p>I. INTRODUCTION</p>
      <p>
        As genetics research advances, the list of predictable
diseases is growing. For example, having been identified genetic
mutations which associated with diseases include breast
cancer, ovarian cancer, sickle cell anemia, etc. Studies have shown
that preventive care costs significantly less than treatment
upon diagnosis of a disease [
        <xref ref-type="bibr" rid="ref18">18</xref>
        ], [
        <xref ref-type="bibr" rid="ref26">26</xref>
        ]. Therefore, genetic
tests, along with family history, are becoming a common
practice in identifying risks of many hereditary conditions.
clinical genetic services are the complex processes, usually
involve genetic tests for finding gene mutations to make
eventual disease onset predictable and Genetic counseling for
explaining genetic test outcomes and suggest possible courses
of action [
        <xref ref-type="bibr" rid="ref12">12</xref>
        ] to genetic tests requesters. Genetic test results
are not only being used as indication basis for providing
preventive and preemptive treatment for hereditary diseases, but
also being broadly utilized for research purposes to discover
more and more new findings. To compare with other medical
researchers, researchers in genetic medicine need to use both
genetic test results and their owners identifiable information,
so more open accesses are required, e.g. using an opt-out
consent that is much less rigorous in format for sharing data.
      </p>
      <p>Genetic tests usually involve finding known changes
referred to as mutations - in a gene of a person that causes
diseases. Researches have identified genetic mutations
associated with various diseases such as breast cancer, ovarian
cancer, sickle cell disease, -thalassemia, left ventricular
noncompaction cardiomyopathy (LVNC), and Alzheimer disease
and many others. As new research on known gene mutations
become available, and medically acceptable as indications,
more diseases are added to the list for genetic tests that are
available.</p>
      <p>
        Several companies such as 23andMe [
        <xref ref-type="bibr" rid="ref1">1</xref>
        ], Gene by Gene [
        <xref ref-type="bibr" rid="ref4">4</xref>
        ],
Color Genomics [
        <xref ref-type="bibr" rid="ref3">3</xref>
        ], and others, offer genetic tests and risk
assessment services in the direct consumer market.
Additionally, larger laboratories such as Myriad Genetics cater directly
to health-care providers [
        <xref ref-type="bibr" rid="ref8">8</xref>
        ]. Information from these results are
analyzed by professionals in genetic science who then provide
counseling services to patients. With increased competition
and lower costs of genetic tests [
        <xref ref-type="bibr" rid="ref7">7</xref>
        ], genetic counseling is going
to play an important role in preventive care. This places genetic
counselors in a critical path to explain the outcomes of genetic
tests, and suggest possible courses of action [
        <xref ref-type="bibr" rid="ref19">19</xref>
        ].
      </p>
      <p>
        Conducting genetic tests involves addressing ethical and
privacy issues. Samples of human blood/tissue, and derived
genetic information are able to precisely identify an individual
and a group of related people that may be susceptible the
same diseases as the original sample donor. Consequently,
when genetic sequence information is shared without consent,
lost, stolen, or used for a purpose other that which consent
was obtained, the identity of a person is compromised. This
information can be used by a third party to discriminate or,
worse, harm the donor or a group of people. Prince et al.
describe three practical genetic counseling cases that illustrate
genetic discrimination [
        <xref ref-type="bibr" rid="ref20">20</xref>
        ]. Individuals may face
discrimination in life, disability, and long-term care insurances. In other
cases, when genetic information privacy is compromised, an
individual may experience the stigma of having to carry a
genetic marker for a disorder or disease.
      </p>
      <p>
        Although, genetic tests have existed for a while, using
genetic information for diagnosis and treatment is a part
of a larger process that is being broadly termed as genetic
counseling. Consequently, the precise processes (workflows)
used by medical practitioners for genetic counseling is not
very well defined. A good counter example is the workflow
for hemodialysis where the a standard workflow for
treatment is used by medical practitioners [
        <xref ref-type="bibr" rid="ref24">24</xref>
        ]. Although there
is an increase in the bio-medical master degrees awarded by
medical schools [
        <xref ref-type="bibr" rid="ref14">14</xref>
        ], less than 35 universities offer degrees
with specialization in genetic counseling [
        <xref ref-type="bibr" rid="ref2">2</xref>
        ]. This results in
difference in the process followed during genetic counseling.
As a means of articulating different workflows currently
emerging in genetic counseling and their larger usage in patient
diagnosis and treatment, we have developed a prototype for
genetic counseling with a flexible way of specifying and using
these workflows. In our prototype, we implement a workflow
based on [
        <xref ref-type="bibr" rid="ref17">17</xref>
        ]. However, our tool can be easily modified to
accommodate the changes in the workflow at a later stage.
      </p>
      <p>
        The two US federal laws that regulate sharing of genetic
information are Health Insurance Portability and
accountability act of 1996 (HIPAA) [
        <xref ref-type="bibr" rid="ref10">10</xref>
        ], and Genetic Information
Nondiscrimination act of 2008 (GINA) [
        <xref ref-type="bibr" rid="ref5">5</xref>
        ]. HIPAA considers
genetic information to be confidential medical information
and regulates health-care providers. GINA regulates employers
and health insurance companies but not health-care providers
in using genetic information and protects individuals form
discrimination based on genetic conditions. However, GINA
does not apply to federal government employees or
employers with fewer than 15 employees. These complex laws, in
addition to the fragmented laws in each state, form the basis
for information sharing and consent management workflows
of our prototype system. In creating our prototype system, we
also noticed significant regulatory gaps that create additional
burdens in providing automated workflow-based guidance in
genetic counseling.
      </p>
      <p>
        Challenges. The following are the challenges for
implementing a workflow-based EMR for genetic Counseling:
• Genetic Counseling is a new and an emerging field
where the workflow has not been standardized, although
providing a basis to do so would facilitate this emerging
area and the mission of training genetic counselors.
• Genetic information collected for tests and their sharing
have to conform to HIPAA [
        <xref ref-type="bibr" rid="ref10">10</xref>
        ] and GINA [
        <xref ref-type="bibr" rid="ref5">5</xref>
        ]
regulations.
• State laws to protect Genetic information vary and add
complexity to the system. HIPAA specifies that stricter
sharing laws mandated by state regulation can override
HIPAA policies.
• Although commercial systems may include Genetic
Counseling in their packaged EMRs, it is difficult to
verify their workflow as they are closed source.
      </p>
      <p>Contributions. In order to address the above limitations
of existing EMR systems, we present an end-to-end managed
EMR prototype for genetic counseling that can accommodate
the emerging workflows and diversity of state regulations (or
lack thereof) in a re-programmable way. To the best of our
knowledge, the proposed system is the first of its kind. Our
working prototype has the following features:
• Automatically suggests Genetic Counseling for known
disease codes
• Enforces a standardized work-flow for Genetic
Counseling
• Automates paperless information sharing and medical
treatment consent in accordance with local laws</p>
      <p>The rest of the paper is organized as follows: Section II
describes the closely related work in this area. In section III
we describe the implementation of our system. Finally, we
present our conclusions in Section IV.</p>
      <p>
        II. RELATED WORK
Electronic Medical records for Genetic Counseling
Electronic Medical Records (EMRs) plays a vital role of
book keeping in the health-care industry. However, EMRs for
genetic counseling present a unique set of challenges [
        <xref ref-type="bibr" rid="ref13">13</xref>
        ]
as identified by Belmont et al. A major issue identified by
the Belmont study the required uniformity in representing
collected genetic data. Additionally, this study highlights the
privacy, ethical and legal issues of handling genetic data in
EMRs. Ours is a flexible freeware based platform to study
these issues.
      </p>
      <p>
        Scheuner et al. conduct a case study to verify if the
current EMR systems meets genetic information needs [
        <xref ref-type="bibr" rid="ref21">21</xref>
        ].
This study involved results and conclusions gathered from
discussion about 56 patient’s electronic medical records with
10 EMR specialists, 16 medical geneticists, and 12 genetic
counselors. An overall lack of support for functionality,
structure, and tools for clinical decision making was an important
finding.
      </p>
      <p>
        A more recent study of the state of EMRs supporting
genomics for personalized medicine again identifies structuring
of data as a challenge [
        <xref ref-type="bibr" rid="ref22">22</xref>
        ]. The authors also identify clinical
workflow management as a priority area that needs further
research, development, and testing. Functionality, structure, and
support for genetic information specific data is easily added to
an EMR system. However, current EMR systems for genetic
counseling still lack support for workflow enforcement and
the ability to collect specialized genetic information sharing
consents and enforce them on EMRs that contain the data.
      </p>
      <p>Genetic Counseling ontology</p>
      <p>
        The Gene Ontology Consortium has developed an ontology
to store structured gene information in databases [
        <xref ref-type="bibr" rid="ref16">16</xref>
        ]. The
ontology provides structured terms and vocabulary to store
information regarding gene, gene products and sequences. The
structure and terms developed by this team lacks support for
capturing the terms used for informed consent requirements
laid out by law. In a more closely related work, authors in [
        <xref ref-type="bibr" rid="ref26">26</xref>
        ]
describe an ontology for treatment consent. The ontology
presented is, however, insufficient for capturing the terms and
vocabulary used in information disclosure consent. In this
work, we develop the ontology containing the structure and
terms required for information disclosure consent.
      </p>
      <p>Genetic Counseling informed consent</p>
      <p>
        Obtaining informed consent for diagnosis (including testing)
and treatments is a very well studied area and a mandatory
requirement on care providers. In particular, care providers are
required to obtain informed consent for genetic counseling as
much as any other treatment. A preliminary study convened
jointly by the National Institute of Health (NIH) and the Center
for Disease Control (CDC) [
        <xref ref-type="bibr" rid="ref15">15</xref>
        ] presents the risks and ethical
issues involved in collecting and storing tissue samples for
genetic tests in a research setting. Ethical and legal issues are
similarly present in a clinical genetic counseling process.
      </p>
      <p>
        Authors in [
        <xref ref-type="bibr" rid="ref25">25</xref>
        ] present an automated and paperless
informed consent management system for medical treatments.
This work provides a generic framework to enforce informed
consent for minors. The work presented in [
        <xref ref-type="bibr" rid="ref25">25</xref>
        ] only enforces
general treatment consent. This work does not specifically
address the additional issues related to genetic counseling and
sharing of genetic information. Genetic counseling requires
enforcement of information disclosure, research and sample
and genetic information retention consents in addition to
treatment consent. The objective of this work is to create a
workflow that enforces all types of mandated informed consent
requirements in the genetic counseling process to comply with
local, state and federal regulations.
      </p>
      <p>III. SYSTEM</p>
      <p>This section presents details of our prototype genetic
counseling EMR system within a sample enforced workflow. We
first describe genetic counseling workflow and the challenges
involved in modeling the process. Then we present a model of
this workflow using a work-flow engine. Next, we describe the
different types of informed consent for genetic counseling. We
then collate the federal and state laws that regulate disclosure
of genetic information. Then we describe how we enforce
the disclosure consent for genetic counseling to comply with
various state and federal laws. Lastly, we describe how we
integrate the workflow enforcement with an open-source
Medical Record System (OpenMRS).</p>
      <p>A. Genetic Counseling Workflow</p>
      <p>The Genetic Counseling Definition Task Force defines
Genetic counseling as The process of helping people understand
and adapt to medical, psychological, and familial implications
of genetic contributions to disease. A team of health care
workers involving, but not limited to, Medical
Practitioners, Bio-curators, Genetic Counselors, Molecular Pathologists,
Medical Geneticists play an important role in Genetic
Counseling. Similar to other medical procedures, genetic Counseling
follows a well defined protocol. This protocol involves several
tasks performed by the caregivers in a particular sequence
called the workflow.</p>
      <p>
        Although genetic counseling has been around for a while,
we were unable to find a documented and modeled workflow
for this process. Therefore, we present a detailed
documentation for clinical genetic counseling. We model our workflow
based on a presentation about clinical genetic counseling from
Stanford’s Clinical Genomics program [
        <xref ref-type="bibr" rid="ref17">17</xref>
        ]. In addition to
the previous presentation, we refer to another presentation by
O’Daniel et al. on Genomic Medicine [
        <xref ref-type="bibr" rid="ref18">18</xref>
        ] for additional
details. Here we provide a detailed documentation and overview
of the Genetic Counseling workflow. Figure 1 shows the
workflow for genetic counseling modeled using a workflow editor,
created using an open-source workflow system YAWL [
        <xref ref-type="bibr" rid="ref23">23</xref>
        ].
      </p>
      <p>
        Our modeling of the workflow is tailored to genetic
counseling for Hereditary Cancer Syndromes. However, this can
be modified to accommodate any other genetic disorder. The
following list walks through the details of the individual tasks
involved in the process of providing genetic counseling to a
patient. The following list focuses on describing individual
tasks involved in the genetic counseling process. We present
the details of consent management later in section III-B.
1) Collection of Medical Records, Family History, and
Social History:
• Require Genetic Counseling: A genetic counseling
case originates with a physician’s referral for a
genetic counseling. Alternatively, in other cases a
patient self requests genetic counseling after
learning of a manifestation of a genetic disorder in a
family member.
• Patient Walk-in: In the case where a patient self
requests genetic counseling, upon arriving at the
genetic counselors office, the patient is asked to
provide social and family history. Additionally, if
copies of medical records are provided, they are
recorded in the system. In our workflow model,
the patient is presented with a detailed family and
social history questionnaire to assess the risk of a
suspected Hereditary Cancer Syndrome. We model
this questionnaire based on forms developed by the
Virginia Women’s Center [
        <xref ref-type="bibr" rid="ref11">11</xref>
        ].
• Physician’s Referral: When a physician refers a
patient for genetic counseling, the patient is asked
to sign release forms for medical records from the
referring physician (if not already provided). Else,
if the patient brings in copies of medical records,
they are recorded in the system.
• Requirements Review: Information collected from
the patient is reviewed for completeness. If any,
missing information is collected from the patient,
patient’s primary care physician or public sources of
ancestry information. This is shown in the ‘Collect
More Information’ process in the modeled workflow
(Fig. 1). Once all of the information (to the best
of patients knowledge) is collected, one or more of
following people review the collected information:
Genetic Counselor, Molecular Pathologist, Medical
Geneticist. Next, they verify if a genetic test is
available to answer the questions posed by the
patient or the treating physician.
2) Pre-test counseling: Once an insurance or payment
authorization is obtained, the patient meets with a genetic
counselor for pre-test counseling. The genetic counselor
performs the following sub-tasks for pre-test counseling:
• An informed consent is obtained for counseling, i.e.,
Genetic Counseling Treatment Consent. As a part
of this informed treatment consent, the counselor
provides the patient with information about the risks
and benefits of this process.
• The family, social, and medical history provided by
the patient is reviewed.
• The counselor discusses the expected range of
results and their impact on the patient and their
relatives. Additionally, the counselor discusses other
potential incidental findings that may be in the
report. Incidental findings are those findings in the
test results that are not associated with the primary
reason for conducting the test, but indicative of other
genetic disorders. The counselor also discusses
ethical issues that could arise from conducting or
disclosing these test results. Before ordering the
tests, any questions or clarifications from the patient
are answered.
• If applicable, consent for sharing information for
research purposes is collected.
3) Lab work: Blood or tissue samples are collected from
the patient for genome sequencing. Generally, 1 tube
of blood is collected for sequencing. An additional
tube may be collected for confirmatory studies. Another
tube of blood may be collected from the patient with
appropriate consent for research purposes. The blood
and tissue samples are then sent to a laboratory for
sequencing and the sequenced genetic information is
returned to the genetic counseling team. We do not
model the workflow for genome sequencing in the
laboratory in this paper.
4) Post-test counseling: Once the sequencing results are
reported back to the genetic counseling team, a draft
report is prepared. This draft report is reviewed by a
review team consisting of Genetic Counselors and/or
Medical Geneticists, Physicians, and/or content experts.
Once reviewed, the final report is uploaded into the EMR
and is ready for the patient. When the patient meets the
counselor to discuss the test results, the following
subtasks are performed:
• The test results are reviewed by the counselor with
the patient. Once the review is complete, the
counselor assess the comprehension and coping skills of
the patient.
• If the additional evaluation or referral for treatment
(e.g. prophylactic mastectomy) is warranted,
referrals or orders are issued by the genetic counselors.
Alternatively, the patient may decline to accept the
recommendations of the genetic counselor. If the
recommendations are declined, it is recorded in the
EMR.
• The counselor finally discusses implications of the
findings on related family members. At this point,
the genetic counselor may recommend the patient
to personally inform related family members about
the test results and treatment options by providing
templates. Alternatively, they may obtain consent to
disclose test results to affected family members.
• Lastly, if required, the counselor may schedule
follow up appointments .
5) Disclosure and other Consent: At the end of the
genetic counseling process, the care provider may be
required to obtain consent to retain samples and/or genetic
information (sequencing results) and genetic test reports
based on state and federal regulation. Additionally, the
care provider may require additional disclosure consents
to share information with other individuals or entities as
required by law. If consent to retain genetic samples and
test information is denied, they must be destroyed and/or
purged from the EMR records. Once these housekeeping
tasks are complete, the genetic counseling workflow
comes to an end.
      </p>
      <p>B. Informed Consent in Genetic Counseling</p>
      <p>As discussed earlier, if a proper workflow is not enforced
for genetic counseling in the EMRs, it may leave health-care
providers and/or health-care organizations open to lawsuits.</p>
      <p>Existing laws limiting genetic information disclosures do not
generally consider ethical issues involved during the disclosure
process. Ethical issues present an abstract concept that need to
be carefully considered by genetic counselors on a
case-bycase basis. Additionally, an organization’s ethical guidelines
my regulate disclosure of genetic information, which upon
disclosure may tangibly affect a third party. Lack of clear
federal and state legislation covering ethical issues and
individual Organizational ethics boards having different requirements
makes it difficult to model them as workflows as of this
writing. Therefore, we leave documenting the workflow for
ethical disclosures as future work.</p>
      <p>One stark difference between other medical treatments such
as eye surgery, or hemo-dialysis is that the patient can stop
genetic counseling at any stage of the workflow. Patients are
permitted to revoke a consent at in point during the counseling
process. Once a patient revokes a consent or declines to
continue treatment, the care provider is required to document
this in the EMR. Workflow in Figure 1 allows patients to
revoke or decline treatment at specific check-points in the
workflow.</p>
      <p>
        In this part we focus on enforcing informed consent
requirements stipulated by state and federal laws. Managing and
documenting informed consent during the genetic counseling
process is different from other general treatments. A patch
work of state and federal laws and regulations to be followed
by the care provider in each state adds additional complexity
to the workflow of genetic counseling. The following types of
informed consent is required for Genetic Counseling:
• Treatment Consent: Treatment consent for genetic
counseling helps the patient understand the risks, benefits,
and limitations of genetic counseling and are modeled in
our workflow. Treatment consent regulation varies greatly
among states, the details of which are captured in [
        <xref ref-type="bibr" rid="ref25">25</xref>
        ].
This consent is different from generic treatment consent
as the test results may have the following outcomes:
Positive, Negative, and Uncertain. For example, if a
patient is being tested for Hereditary Breast Cancer markers
BRCA1 or BRCA2, the results may be positive for
mutations that increase the risk of breast cancer. The results
may be negative for known mutations or it may contain
unknown mutations that have not been studied. These
test results are classified as medically actionable (e.g.
prophylactic mastectomy) or in-actionable (no treatment
is available). A separate consent is recommended for
finding incidental mutations that may be actionable or
inactionable. Consent is also required for collecting blood
and tissue samples from the patient prior to conducting
a test. State laws provide for exemptions to requiring
treatment consent in certain cases such as Paternity tests.
• Information Disclosure Consent: Information
disclosure consent is regulated at both state and federal level.
HIPAA, GINA, and individual state laws such Delaware
Code §16.2.120 - §16.2.1227, protect patients from
unauthorized disclosure of genetic information and test results.
Laws usually require that the patient is provided with
information about the type of information being disclosed
and the name of the entity to which it is disclosed.
In certain cases, the reason for disclosure may also be
provided. HIPAA, and state laws provide for exemptions
from this type of consent (e.g., Identification of bodies).
Certain states also require that a consent be obtained for
each instance of disclosure called re-disclosure consent.
We model these exemptions and re-disclosure consent in
our workflow.
• Research Consent: In most cases an informed consent is
required from the patient to conduct a research. Research
consents explains how the genetic information and
samples collected would be used in the study and the potential
outcomes of the study. They may also specify if the
patient will be informed about any medically actionable
findings from the research study and the extent of
information that will be shared with the participants. Research
consents are mostly governed by Internal Review Boards
of individual organizations. Most organizations require a
research consent for genetic research as a best practice.
However, certain states exempt research organizations
from research consent were only de-identified
information is collected and/or disclosed as a part of the research.
• Retention Consent: Retention consent pertains to
retaining blood or tissue samples and genetic information or
test results once the test is complete and results are shared
with the patient. Some states require blood and tissue
samples be destroyed at the end of the test. Since blood
and tissue samples are collected and sent to the laboratory
for processing we do not capture retention consent in
this particular case in our workflow. We capture in our
workflow, cases where states require a retention consent
for storing genetic information or test results. If retention
consent is denied, information and test results are purged
at the end of the genetic counseling process.
1) Consent Management in the Workflow: In this section,
we describe how we enforce the required consents in the
genetic counseling workflow. Although we focus on the
enforcement of disclosure consent, other types of consent may
be enforced in the workflow very similarly to the disclosure
consent.
      </p>
      <p>
        Figure 2 shows the workflow specification for the different
types of consent modeled in YAWL. The consent workflow
runs as a separate service in the workflow engine. When a
task requires consent in the genetic counseling workflow, the
consent workflow is invoked to manage the consent
requirements. In the case of information disclosure consent, the
workfow checks the purpose for the information request. HIPAA
classifies these purposes into different disclosure categories
described later in this section. If the disclosure type requires
a consent, the consent workfow enforces this requirement.
For simplicity, our modeled workflow enforces retention and
research consent for all states as it is a best practice. For a
detailed working of the treatment consent tasks, refer to [
        <xref ref-type="bibr" rid="ref25">25</xref>
        ].
      </p>
      <p>In order for the workflow to enforce all of the above
consents for genetic counseling, we use a rule base to codify
laws. We do so by first modeling the term structure we use
to specify rules and then use OWL Description Logic (DL)
to specify these rules using the terms created in our ontology.
We use the open source ontology editor Prote´ge´ and the Pellet
reasoner to create the rules and specify the rules respectively.
During the counseling process, the workflow engine YAWL
invokes the rule bases’s run-time to determine the required
consents and generates the required consent forms that are
displayed to the patient. Once the patient signs the forms, the
workflow proceeds to the next step, thereby enforcing federal
and applicable state laws during the counseling process.
Covered
Entity
Health</p>
      <p>Plan
National Health
Plan ID (NHI)</p>
      <p>Family Genetic
Test Results</p>
      <p>Genetic
Disorders in</p>
      <p>Family
Request
Purpose</p>
      <p>Business</p>
      <p>Associate
Health</p>
      <p>Care
Clearing
House
Genetic Test</p>
      <p>Results
Genetic
Research
Results</p>
      <p>PHI: Genetic Information
78 Fed. Reg. at 5662;
45 CFR § 160.103</p>
      <p>Requested</p>
      <p>by
Information</p>
      <p>Requestor
Individual</p>
      <p>Personal</p>
      <p>Representative
National Provider</p>
      <p>ID (NPI)</p>
      <p>Health</p>
      <p>Care</p>
      <p>Provider
Employer ID No</p>
      <p>(EIN)
State or Federal
Govt. Agency</p>
      <p>Self/Owner
Fig. 3: Entity-Relationship Diagram for Genetic Information</p>
      <p>In order to model the terms structure for genetic information
disclosure, we start by identifying the relationship between
the information requester and Protected Health Information
(PHI) as defined by HIPAA. Figure 3 shows the ER diagram
for information disclosure consent in genetic counseling. The
figure shows the requests relationship between an information
requester and Genetic Information. Genetic Information is
considered as Protected Health Information (PHI) according
to HIPAA. Definitions pertaining to genetic information are
included in detail in this legislation. An individual’s genetic
information is defined to include the following:
• Genetic test results of the patient
• Genetic research results of the patient
• Genetic test results of a related family member
• Information about manifestation of a genetic disorder in
a family member</p>
      <p>HIPAA permits or denies information disclosure of PHI
and states the informed consent requirements based on the
type of information requester and the purpose for which the
information is being requested. HIPAA further classifies an
information requester as State/Federal Agencies, Individuals,
Covered Entities, and Business Associates. These sub types
are shown in Figure 3. Based on type of the requester
requesting access to genetic information, HIPAA classifies
request purpose into the following categories:
• Required Disclosures: Required disclosures do not
require any consent from the patient and are required to be
disclosed. E.g. HHS Compliance Review
• Permitted Disclosures: These disclosures are permitted
by law without consent. However, an organization may
choose to implement policies and procedures requiring
additional consent requirements. Examples of permitted
disclosures include Treatment, Health care Operations,
Public Interest and Beneficial Activities, etc.
• Authorized Disclosures: Authorized disclosures require
informed consent from the patient, such as for General
Research, Marketing, Psychotherapy Notes, etc.</p>
      <p>The complete set of Privacy Rules were obtained from
HIPAA located at 45 C.F.R. Part 160. These rules are then
written into the Pellet reasoner for enforcing information
disclosure consent requirements. In addition to the federal
information disclosure requirements described in HIPAA. State
laws regulate genetic information disclosure. They may have
additional or fewer requirements when compared to HIPAA.
For example, Delaware has a comprehensive code on
regulating disclosure of genetic information and test results. On the
other hand, states such as Alabama have no specific legislation.</p>
      <p>
        In 2008, only 27 of the 50 states had specific laws requiring
consent to disclose genetic information [
        <xref ref-type="bibr" rid="ref6">6</xref>
        ]. As of 2014, this
number had risen to 35 [
        <xref ref-type="bibr" rid="ref9">9</xref>
        ]. Other states are acting swiftly to
protect address the issue of genetic information privacy of its
citizens. We gather all pertinent state laws governing genetic
information passed until 2014 from [
        <xref ref-type="bibr" rid="ref9">9</xref>
        ]. Table I shows genetic
information disclosure laws for a sample of selected states.
These laws were then transformed into a simple algorithm
to permit or deny disclosures of genetic information. Finally,
these algorithms were translated into rules to enforce a state
laws in the reasoner as described above.
      </p>
      <p>Informed Disclosure Consent Law</p>
      <p>N/A
Delaware
- Unlimited access by subject
to their own genetic information
- Disclosures are to be authorized
by obtaining informed consent
of the tested individual describing
the information to be disclosed and
to whom
Florida
Wyoming</p>
      <p>Informed consent is required to
disclose genetic test results</p>
      <p>N/A</p>
      <p>Required/Permitted Disclosures</p>
      <p>N/A
...
- Disclosure is necessary for the purposes of a criminal or
death investigation or a criminal or juvenile proceeding
or to protect the interests of an issuer in the detection
or prevention of fraud, material misrepresentation or
material nondisclosure
- Disclosure is necessary to determine paternity
- Disclosure is authorized by order of a court of
competent jurisdiction
- Disclosure is made pursuant to the DNA analysis and data
bank requirements of §4713 of Title 29
- Disclosure is for the purpose of furnishing genetic
information relating to a decedent for medical diagnosis of
blood relatives of the decedent
- Disclosure is for the purpose of identifying bodies
- Disclosure is pursuant to newborn screening requirements
established by state or federal law
- Disclosure is authorized by federal law for the
identification of persons
- Disclosure is by an insurer to an insurance regulatory
authority
- Disclosure is authorized in accordance with §1201(4)d.
of this title
- Disclosure is otherwise permitted by law</p>
      <p>...</p>
      <p>Public entities are exempt from disclosure restrictions.</p>
      <p>Pursuant to Florida Statutes §119.07(1) and Statutes 42(a),
Article 1 of the Florida Constitution
...</p>
      <p>N/A
Flowchart 4 shows how genetic information disclosures
are allowed or denied in a based on organizational policies,
State, and Federal laws. When genetic information or test
results are requested, information about the requester, Request
purpose, and genetic information are collected in the EMR
system. These are then passed to the modeled workflow, which
uses the reasoner to assess whether a consent is required.
The workflow then triggers the EMR system to display
the appropriate consent forms. When both state and federal
laws exist, HIPAA resolves eventual contentions by providing
precedence to the law that does not require a consent for
information disclosure. This precedence rule is implemented in
the reasoner. The procedures modeled in flowchart 4 allow for
individual organizational policies in the information disclosure
process. However, our implementation does not model any
organizational information disclosure policies.</p>
      <p>2) Workflow enforced EMR: In the last step, we modify the
source code of OpenMRS, an open source Electronic Medical
Record System, to provide specialized interface for genetic
counseling. We add JSP scripts to OpenMRS to generate
treatment, information disclosure, and research consent. The
EMR communicates with the YAWL run-time which in-turn
communicates with the reasoner to complete our prototype
system. Our system is able to enforce the genetic counseling
workfow and consent requirements entailed in these workflows
in accordance with state and federal laws.</p>
      <p>IV. CONCLUSIONS</p>
      <p>In order to model the genetic counseling workflow, we
present and document the details of the sequence of tasks
performed by the care providers during genetic counseling
process. We also study and extract rules from federal and
state laws that limit the disclosure of genetic information. We
use these rules to implement a workflow-enforced Electronic
Medical Record System tailored for working with Genetic
Counseling.</p>
      <p>To the best of our knowledge, our work presents a first
working open-source prototype EMR for genetic counseling.
Our genetic counseling EMR supports automatic paperless
enforcement of treatment consent, information disclosure
consent, research consent, and retention consent. This workflow
enforced genetic counseling EMR would enable genetic
counseling services provided by care providers and health care
organizations to comply with state and federal laws concerning
genetic information privacy. As a result, our EMR saves
care providers and health care organizations from unnecessary
litigation that would arise when proper procedures are not
followed. Additionally, the electronic audit trail left by our
EMR would help care providers and health care organizations
during eventual litigations.
Is Requester
== Self?</p>
      <p>No
Get 1. Requester Type
2. Request Purpose
3. Requested Genetic Info</p>
      <p>Required
Disclosures?
Check Org Policy
for Request
Check State/
local Laws
Check Federal</p>
      <p>Laws</p>
      <p>Allow
Disclosure?</p>
      <p>No
Deny Request</p>
      <p>Stop</p>
      <p>No</p>
      <p>Written
Authorization
Available?
Fig. 4: Flowchart for allowing or denying Genetic Information
Disclosures</p>
    </sec>
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