Developing Solutions - Specific ISO & Privacy Officer Responsibilities for Review of Human Research Projects

1. Developing Solutions - Specific ISO & Privacy Officer Responsibilities for Review of Human Research Projects K. Lynn Cates, M.D. Assistant Chief Research & Development Officer Director, PRIDE June 1, 2011

2. Human Research Protection Program (HRPP)* • Every office, committee, & individual who is involved in human research • Institutional Official (IO) – Medical Center Director • Research Team – Investigator & Research Staff • Research Office – ACOS & AO • IRB – Staff & Members • Research & Development (R&D) Committee • Research Compliance Officer • Research Pharmacy • Privacy Officer • Information Security Officer *VHA Handbook 1200.05, 3ee

3. VHA Handbook 1200.05 – “Requirements for the Protection of Human Subjects in Research” • Responsible Program Office – ORD • ORO, OI&T, & the VHA Privacy Office collaborated & concurred on relevant content • Establishes procedures for the protection of human subjects in VA Research • Defines the procedures for implementing the Common Rule in VA Research

4. Common Rule “Protection of Human Subjects” • VA is one of 17 Federal departments & agencies that have agreed to follow the Common Rule • 38 Code of Federal Regulations (CFR) Part 16 • 38 CFR 16.111 (also known as the “111 Criteria”) – Criteria for IRB approval of research include provisions such as • Risks to subjects are minimized • Risks are reasonable in relation to anticipated benefits • Informed consent will be sought & documented • When appropriate, there are adequate provisions to protect the privacy of subjects & to maintain the confidentiality of data (16.111(a)(7))

5. Privacy Officer & ISORole in HRPP* • Must be appointed as a non-voting member of either • The IRB, or • The R&D Committee • Must be involved in the review of human subjects research to address & mitigate potential concerns regarding privacy & confidentiality, & information security, respectively *VHA Handbook 1200.05, 12m

6. VHA Handbook 1200.05, Paragraph 38 Privacy Officer & ISO Responsibilities • Privacy Officer • Ensuring proposed research complies with requirements for privacy & confidentiality • Information Security Officer • Ensuring proposed research complies with requirements for information security

7. VHA Handbook 1200.05, Paragraph 38 Privacy Officer & ISO Responsibilities • Cannot approve or disapprove a study • Do not have the authority to prevent or delay IRB approval of a study

8. VHA Handbook 1200.05, Paragraph 38 Privacy Officer & ISO Responsibilities • Reviewing the proposed protocol & other relevant materials submitted with the IRB application • Informing the IRB of their findings • Identifying deficiencies in the proposed research • Making recommendations to the Principal Investigator (PI) of options to correct the deficiencies • Following up with the PI, in a timely manner, to ensure the proposed research is in compliance before the study is initiated

9. Amendments & Continuing Review • Privacy Officers & ISOs do not have to review all amendments & continuing reviews, but they do have to serve in an advisory role to the IRB which may include assisting the IRB in the review of amendments & continuing reviews when the IRB has concerns about privacy, confidentiality, &/or information security issues. See VHA Handbook 1200.05, 12m(2): • “Regardless of whether they are appointed to be ex officio [i.e., non-voting] members of the IRB or R&D Committee, the facility Privacy Officer & ISO must be involved in the review of human subjects research to address & mitigate potential concerns regarding privacy & confidentiality, & information security, respectively.”

10. Checklist for Reviewing Privacy, Confidentiality and Information Security in Research: Purpose, Development and Implementation Alan Papier VA Local Accountability for Research Meeting June 1, 2001 1

11. The Information Protection in Research Work Group created a checklist to ensure the security, privacy and confidentiality of sensitive information in research studies Purpose: • Develop a standard checklist to be used when reviewing research studies • Make it easier for Principal Investigators (PI) to provide complete documentation on their data protection plans • Make it easier for Privacy Officers (POs) and Information Security Officers (ISOs) to comprehensively review research studies for adherence to policy

12. Representatives VA-wide provided input to the development of the research checklist • Field Security Service • Information Access and Privacy Service • Office of Cyber Security • VA Privacy Service • Research Integrity and Assurance • Office of Special Advisor on Policy and Emerging Issues • Health Data and Informatics • Office of Information and Technology (OIT) Office of Oversight and Compliance • VA Office of General Counsel

13. During development of the research checklist, 12 facilities were invited to field test the first draft • Portland, Region 1 • Puget Sound, Region 1 • Tucson, Region 1 • Milwaukee, Region 2 • Saint Louis, Region 2 • Birmingham, Region 3 • Cleveland, Region 3 • Richmond, Region 3 • Baltimore, Region 4 • Lyons, Region 4 • Pittsburgh, Region 4 • Providence, Region 4

14. The research checklist is designed to encourage collaboration and ensure information protection

15. There are several important factors to keep in mind when implementing the research checklist The checklist is: • Coordinated by the Institutional Review Board (IRB) or Research and Development (R&D) • Completed manually or electronically • Suggested that PO and ISO sign once to indicate compliance with policy or recommend changes requiring further review and additional signatures • Signed electronically or with a wet signature, depending on the preference of the IRB

16. Additional Factors… • The form will work best if the PI documents are in a specific section of the application or protocol • It is not necessary to document every item in the application or protocol -If it does not apply, check N/A • Checklist should be used for initial submissions • Checklist is not expected to be submitted for previously approved studies • IRB can decide whether to use for continuing reviews or amendments

17. Additional Factors…(con’t) • Checklist provides guidance to the PI on topics to document and provides them with the policy reference if they want to look it up • IRB may adapt the form to its needs or use it as is • It is not intended to be an exhaustive list of requirements but rather a brief list to reference • Each requirement is clearly titled with a subject that can be used by the PI as an outline to writing the information protection portion of the study application

18. Visit the Information Security (IS) Portal for a copy of the research checklist https://vaww.infoprotection.va.gov/fieldsecurity/default.aspx

19. Contacts • Information Security Issues • Joseph Holston • Lucy Fleming • Privacy and Confidentiality Issues • Patricia Christensen • Stephania Griffin • Research Policy • Brenda Cuccherini

20. Questions

21. Checklist for Reviewing Privacy, Confidentiality and Information Security in Research -Development and Purpose Alan Papier, ISO Director, Region 4

22. Is your IRB/RDC using the Checklist? • Yes (47%) • No (53%)

23. Does your IRB/RDC plan to use the Checklist? • Yes (76%) • No (24%)

24. If you are not planning to use the Checklist, why not? • We have another checklist that works better. (32.6%) • The Checklist is too complicated. (32.6%) • The IRB hates it. (19.6%) • The Privacy Officer does not want to use it. (8.7%) • The Information Security Officer does not want to use it. (6.5%)

25. Has your IRB attempted to use the Checklist? • We tried it, but didn’t like it. (28.6%) • IRB reviewed it and rejected it without a test. (14.3%) • IRB rejected it without reviewing it. (10.7%) • IRB did not want to discuss it. We have our own IRB. (7.1%) • IRB did not want to discuss it. We use an affiliate IRB as the IRB of record. (39.3%)

26. If you are using the Checklist, has it made the process work better? • Better (24.6%) • No difference (7.7%) • Worse (20%) • Need more time to evaluate (47.7%)

27. If you are using the Checklist, are you using a paper version or electronic version? • Paper (50%) • Electronic (50%)

28. If you are using the Checklist, does your review take less time than before you began using it? • Significantly less time (6.8%) • Somewhat less time (6.8%) • About the same amount of time (23.7%) • Somewhat more time (30.5%) • Significantly more time (32.2%)

29. Does the content of the Checklist help guide you through a comprehensive review? • Review is now much more comprehensive (47.7%) • Somewhat more comprehensive (29.2%) • About the same (15.4%) • Somewhat less comprehensive (6.2%) • Much less comprehensive (1.5%)

30. Privacy Officer & ISO ResponsibilitiesHuman Research Review • The Privacy Officer & ISO are expected to review studies against the requirements in the checklist (but not necessarily use the checklist itself) • It is not sufficient to only review the checklist & not the protocol & related materials themselves (1200.05, 38b Note) because • The checklist cannot cover all contingencies • The PI &/or study team may not fill it out correctly

31. Privacy Officer & ISO ResponsibilitiesReports • The IRB or Research Office needs to work with their Privacy Officers & ISOs to develop Standard Operating Procedures (SOPs) defining local policy on how the Privacy Officers & ISOs should document their findings (e.g., checklist, memoranda, etc.) • So everyone knows what is expected • To facilitate auditing of files (e.g., by RCOs) • To facilitate site visits (e.g., by ORO, PCA, ITOC, & AAHRPP)

32. Privacy Officer & ISO ResponsibilitiesDocumentation • Summary reports* = interim or initial reports of their review & assessment that either • Identify specific questions, concerns, required changes, & suggested options for correcting deficiencies, or • Final reports** = when all requirements have been met • You do not have to submit a “summary report” if all the requirements have been met. A “final report” will suffice *VHA Handbook 1200.05, 38g ** VHA Handbook 1200.05, 38h

33. Privacy Officer & ISO ResponsibilitiesWhat Goes Into the Reports?* • Date of report • Study title • PI’s name • If issues • Questions, concerns, required changes • Options for correcting deficiencies • If no deficiencies • Statement that the study meets all requirements • Approval *Models = Checklist or VA Central IRB Forms for PI Application, Privacy Officer, & ISO

34. Privacy Officer & ISO ResponsibilitiesWhen are Summary/Final Reports Due?* • For convened IRB Review – due prior to, or at, the convened IRB meeting • For expedited review - due prior to IRB approval by the IRB Chair or designee • For exempt studies (i.e., exempt from IRB review) – go to the ACOS/R&D *VHA Handbook 1200.05, 38g

35. Privacy Officer & ISO ResponsibilitiesWhen are Final Reports Due? • Final reports must go to the IRB (VA or affiliate IRB) “in a timely manner”* • Privacy Review • HIPAA Authorization • The Privacy Officer must receive a copy of the final HIPAA authorization before signing off on a final report to ensure it is a valid authorization (the final sign off can be at the IRB meeting) • Waiver of HIPAA Authorization • The Privacy Officer must receive documentation of IRB approval of a waiver of HIPAA authorization before signing off on a final report (can be at meeting) *VHA Handbook 1200.05, 38h

36. Privacy Officer & ISO Responsibilities Communication With the PI • The Privacy Officer & ISO • Must feel free to engage all stakeholders • May work directly with the PI (&/or study team) • The IRB &/or Research Office staff • Should work with the Privacy Officer & ISO to develop SOPs to address communication of privacy, confidentiality, & information security issues with the PI • Must submit all documented questions, concerns, &/or changes to the PI for resolution • Should provide the Privacy Officer &/or ISO a copy of the PI’s response, along with the next IRB agenda

37. What Happens if the PI is Unresponsive? • If the PI does not satisfactorily address deficiencies identified by the Privacy Officer &/or ISO, & the project is not in compliance with relevant requirements • The Privacy Officer &/or ISO will not be able to provide final approval, & • The PI cannot collect or use data

38. What if the Privacy Officer & ISO are Non-Voting Members of the R&D Committee? • They must submit their summary/final report prior to, or at, the convened IRB meeting (1200.05, 38g) • They must be provided adequate time before the IRB meeting to perform their review (e.g., 2 weeks)

39. What if the IRB of Record is at the Affiliate? • Nothing changes. The Privacy Officer & ISO must ensure the privacy, confidentiality, & information security plan are in accordance with all relevant requirements • Waiver of HIPAA authorization. The affiliate IRB should approve it because the IRB has reviewed the project & is familiar with • Why the investigators need the waiver • Why the investigators cannot perform the study without a waiver

40. What is the Role of the Local Privacy Officer & ISO in a Multi-Site Project? • VA Central IRB reviews the project • The Privacy Officer for the VA Central IRB reviews the project for all sites (PI site & local sites) • The local Privacy Officer does not have to review the project • The ISO for the VA Central IRB reviews the project for all sites, but • The ISO at local site may need to review the project if there are special local information security issues • Other multi-site studies • The local Privacy Officers & ISOs review the study as it will be conducted at the local site

41. What Happens if the PI & Privacy Officer &/or ISO Disagree ? Who Mediates? • The Privacy Officer will contact the VHA Privacy Office • The ISO will contact the Network ISO or the Senior ISO for Research • When applicable, guidance may be sought from ORD &/or ORO • A written response will be provided to the PI

42. Who Follows Up to Ensure the PI Makes the Required Changes? • The IRB Administrator or Research Office staff • They provide the PI’s response to the Privacy Officer &/or ISO

43. How Others Can Help Privacy Officers & ISOs Fulfill Their Responsibilities • PIs • Must dedicate sections of the protocol or develop an additional document(s) (e.g., the checklist) to address all privacy & information security issues (1200.05, 10i&j) • IRB Administrators &/or Research Office • Can work with the Privacy Officer & ISO to build into their SOPs provisions for • Giving Privacy Officers & ISOs sufficient time for their reviews • Defining how Privacy Officers & ISOs provide documentation • Defining how the flow of communications with the PI • Work with PIs to get their responses

44. Others’ Roles in Helping Privacy Officers & ISOs Fulfill Their Responsibilities • IRB • Reports to the Privacy Officer any unauthorized use, loss, or disclosure of individually-identifiable subject information (1200.05, 14o) • Reports to the ISO violations of VA information security requirements (1200.05, 14p)

45. Panel Stephania Griffin, RHIA VHA Privacy Officer Patricia L. Christensen, MS, RHIA, CHPS, CIPP/G, CHPC VHA Privacy Specialist, VHA Privacy Office Alan Papier, CISSP, ISSMP, CISM Information Security Director, Region 4 Lucy Fleming, RHIA, CAP ISO, Baltimore Joseph Holston Senior Research ISO, ORD Brenda Cuccherini, PhD, MPH Special Advisor for Policy & Emerging Issues, ORD