Hospice and Palliative Care: Ethical Marketing Practices

1. Hospice and Palliative Care: Ethical Marketing Practices NHPCO Ethics Committee April 2012

2. Context • Healthcare Industry’s Ethical Standards • Pharmaceutical Industry’s statement * • Continued growth of hospice and palliative care • Need to “self-regulate”: National and local levels • Hospice and palliative care has been respected entity within the healthcare system Johnston, M., et. al., PhRMA Revises Voluntary Code on Interactions with Healthcare Professionals. K&L Gates LLP, November, 2008

3. NHPCO Ethics Committee • Responsible to lead and contribute to national and local discussions • Recommend industry standards and expectations for its membership • Has basis in its NHPCO Ethical Principles (2006) and NHPCO Mission Statement (2010)

4. Goals • To reinforce the need for ethical practices which will ensure trust and support among those being served • Define marketing standards and practices that are consistent with hospice and palliative care industry values • Be catalyst for candid discussions that result in strengthening hospice and palliative care’s place in healthcare

5. Key Sections • Access to Care • Goal: Universal availability • Marketing is grounded in education • Barriers to access

6. Key Sections • Competition • Positive affects: higher quality; greater access • “Pitfalls”: Overpromising; inducements

7. Key Sections • Customer Service Excellence and Boundaries • Trust • Federal and state regulatory compliance • Excellent customer service=best marketing tool

8. Key Sections • Hospice and Palliative Care Providers as Referral Sources • Awareness of legal and ethical implications of making referrals and conducting business with others • Need for clearly stated policies

9. Key Sections • New Trends in Marketing and Communication • Developing rapidly • Privacy • Clearly stated policies

10. Key Sections • Traditional Media Marketing • Evidence based claims • Use of patient/family images and stories • Respect for confidentiality, privacy and overall well being of those being served

11. Other Issues Addressed • Hospital Liaisons • Admission Processes/Incentives • Informed Consent • Utilization of Levels of Care • Nursing Home/Hospice Relationships

12. Ethical Decision Making • Marketing Strategy is Evaluated in Four Domains • Consistency with National Standards • Service Excellence • Impact on Patient Care • Contextual Elements Adapted from: Jonsen, et. al., Clinical Ethics, Fifth Edition, 2002

13. Consistency with National Standards • Compliant with legal and regulatory requirements • Consistent with American Marketing Association code of ethics • Consistent with NHPCO Ethical Principles

14. Service Excellence • Accurate descriptions of available services • Clear communication of parameters and limitations of services provided • Qualitative data to support claims

15. Impact on Patient Care • Increase understanding of hospice and palliative care • Provide accurate information for consumers to make sound decisions about their treatment • Improve access to care • Ultimately result in excellent patient care

16. Contextual Elements • Reflects positively on your organization and the industry • Reflects your agency’s and NHPCO’s mission and values • Have the support of all levels of the organization

17. Summary “NHPCO’s stated position provides guidance on ethical practices as we 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…a dialogue that will support ethical standards of practice…”