RE: Release of information

[Mike W. Hubbard]

"We treated 4 burn victims last night" includes an element of date   other than  year --"last night"--and thus includes an item that must be removed for safe harbor treatment. The date of service or date of admission is a date that cannot be included for safe harbor treatment.  This poses interesting challenges in everyday conversation. If your tennis partner tells you she cannot play  tennis today because she has to perform an emergency appendectomy today on a new patient, she is conveying a date of service element   that technically does not meet the safe harbor.  So does she need an expert statistician opinion to make the disclosure?  This is an area where  common sense relief in the safe harbor would be welcome-- ie, permitting dates of service to be included for safe harbor treatment. Michael W. Hubbard, Esquire Smith, Anderson, Blount, Dorsett,    Mitchell & Jernigan, L.L.P. 2500 First Union Capitol Center Raleigh, North Carolina  27601 Telephone:  (919) 821-6656 Fax:  (919) 821-6800 This message is intended only for the use of the addressee and may contain information which is ATTORNEY-CLIENT PRIVILEGED, and/or may contain ATTORNEY WORK PRODUCT, or other PRIVILEGED or CONFIDENTIAL material.  If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited.  If you have received this communication in error, please erase all copies of the message and its attachments and notify us immediately.  Thank you. -----Original Message----- From: Drexler, Deborah [mailto:[EMAIL PROTECTED]] Sent: Wednesday, April 24, 2002 3:26 PM To: '[EMAIL PROTECTED]' Subject: RE: Release of information ERs can release non-PHI to the media.  Information that is deidentified under section 514(a) is not PHI.  Section 514(a) does not require the removal of diagnosis, race or gender.    Therefore, statements such as: "we treated 4 burn victims last night;" "we treated a caucasian male for a gunshot wound;"  or "3 victims had burns over 50% of their bodies" are all deidentied, and thus OK.  Deborah Drexler Privacy and Security Officer Division of Medical Assistance Boston, MA 02111 617-210-5372 [EMAIL PROTECTED]   -----Original Message----- From: Rachel Foerster [mailto:[EMAIL PROTECTED]] Sent: Wednesday, April 24, 2002 1:33 PM To: 'Street, Bunny'; WEDI SNIP 2 (E-mail 2) Subject: RE: Release of information Releasing **ANY** health information, whether protected or not under HIPAA, would be a major NO-NO....unless you have an explicit written authorization from the individual who is the subject of the information authorizing such release. Such an authorization should also very clearly identify what information is being authorized for release and comply with all of the other specifications set forth in the Privacy Rule for authorizations.   In the absence of a **written** authorization from individual, DO NOT RELEASE ANY INFORMATION TO THE MEDIA.   Rachel Rachel Foerster Principal Rachel Foerster & Associates, Ltd. Professionals in EDI & Electronic Commerce 39432 North Avenue Beach Park, IL 60099 Phone: 847-872-8070 Fax: 847-872-6860 http://www.rfa-edi.com -----Original Message----- From: Street, Bunny [mailto:[EMAIL PROTECTED]] Sent: Wednesday, April 24, 2002 7:30 AM To: [EMAIL PROTECTED] Subject: RE: Release of information Generally to the media........ -----Original Message----- From: Rachel Foerster [mailto:[EMAIL PROTECTED]] Sent: Tuesday, April 23, 2002 5:25 PM To: 'Street, Bunny'; [EMAIL PROTECTED] Subject: RE: Release of information Releasing information to whom?   Rachel Foerster Principal Rachel Foerster & Associates, Ltd. Professionals in EDI & Electronic Commerce 39432 North Avenue Beach Park, IL 60099 Phone: 847-872-8070 Fax: 847-872-6860 http://www.rfa-edi.com -----Original Message----- From: Street, Bunny [mailto:[EMAIL PROTECTED]] Sent: Tuesday, April 23, 2002 9:58 AM To: [EMAIL PROTECTED] Subject: RE: Release of information I am seeking further clarification about the release of patient information primarily from the Emergency Department scenarios.  How are other health care providers interpreting the Privacy regs regarding situations such as trauma patients (burns, auto accidents, head injuries, gunshots,etc).  Current practices often involve releasing general location of burns and a body percentage; indication that head injuries were involved; that a gunshot or stabbing was sustained; etc. Thank You Leslie Street Privacy Specialist Mountain States Health Alliance Johnson City, TN 37604     ********************************************************************** To be removed from this list, go to: http://snip.wedi.org/unsubscribe.cfm?list=ivacy and enter your email address. ********************************************************************** To be removed from this list, go to: http://snip.wedi.org/unsubscribe.cfm?list=privacy and enter your email address. ********************************************************************** To be removed from this list, go to: http://snip.wedi.org/unsubscribe.cfm?list=privacy and enter your email address. ********************************************************************** To be removed from this list, go to: http://snip.wedi.org/unsubscribe.cfm?list=privacy and enter your email address. ********************************************************************** To be removed from this list, go to: http://snip.wedi.org/unsubscribe.cfm?list=privacy and enter your email address.