Scott, I would disagree.  The spirit of the regulation is reasonableness.
As long as the information is truly de-identified according to the 18 items
in the regs and you can keep your key on the identifying link piece secure,
you should be set. De-identified info is not covered by HIPAA, and the
requirement on the keyed link is that there are high assurances of its
security.  Like everything else in the regs. The issue will be documenting
the risk/cost process and the rationale that supports the assessed risk.

a.
Albert Oriol, CHE, CISSP
Privacy & Data Security Officer
The Children's Hospital
[EMAIL PROTECTED]
(303) 861 6094


"All things should be as simple as possible, but no simpler"
-- Albert Einstein


-----Original Message-----
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]]
Sent: Thursday, February 14, 2002 8:05 AM
To: [EMAIL PROTECTED]
Subject: Re: De-identified PHI



That's a loaded question.  I would still say "No" they should still be
treated the same.  Somehow, you (within your purview) would want (nee, have
to have) some kind of "identifier" to be able to link back to the patient,
on your end.  Suppose you send out aggregate data to a benchmarking entity,
and benchmark results are then made available to you which might
necessitate you getting back to the individual patient record...for
conformance purposes.  How would you ever do that, without having created
some other identifier for your own use, in both Bit Buckets A & B?  And,
it's my understanding that even that list of identifiers, must be kept
confidential as well.

I'm not really answering the question am I?  I'm just saying, it doesn't
seem like there would ever be a "truly de-identified" PHI ... so your Bit
Buckets should be treated the same.

Thanks,
Scott Supman
Information Security Director
OhioHealth



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