You are absolutely right. Gee
whillikers. In fact, all of the statements I included below have an
implication of a limited time period -- and doesn't that make them
PHI? So I stand corrected. ERs can't make statements
like that. Wow.
"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
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you.
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]
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
Generally to the
media........
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
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
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