Flip that scenario around... A patient is admitted to a hospital with Ebola!
No authorization is given to release PHI, so no one in the waiting room that the person was wheeled through can even be told that they were exposed to Ebola!! Or Anthrax, etc!! -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] Sent: Wednesday, April 24, 2002 4:57 PM To: Heiert, David Cc: [EMAIL PROTECTED]; 'Mimi Hart'; [EMAIL PROTECTED] Subject: RE: Release of information This issue goes beyond "HIPAA" provisions - review of our practices in light of HIPAA happens to have brought it to light. I can see little on the "benefit" side and much on the "risk" side of a hospital releasing private information to the media. Picture this: I am beaten in a "random act of violence". I do not give the hospital explicit permission to release information regarding my condition to the media. The hospital releases information to allow the reporter to create the following story: "An unconscious woman was found lying by the side of Interstate 90 after midnight and was rushed to" X" hospital. She was treated for severe knife wounds to her abdomen, face and neck and for head trauma. There was no sign of sexual assault. She is in critical condition and remains unconscious." My friends, family, co-workers, neighbors will eventually figure out this is me. They now know more than I would care to have them know. I sue. Even if the hospital followed HIPAA de-identification regulations to the letter, the likelihood that a jury of "reasonable people" would agree that the hospital had "released private information which caused me to suffer great emotional distress" and award me financial damages is not worth the financial risk to the hospital. The web link from the State of Ohio provided in an earlier e-mail contained a very well reasoned approach to this issue. I recommend a review of it in establishing a hospital's release of information policy. Deborah A. Lelinski IDX Carecast/LastWord HIPAA Program Manager 206.689.0967 [EMAIL PROTECTED] www.idx.com "Heiert, David" <DHeiert@accu-me To: 'Mimi Hart' <[EMAIL PROTECTED]>, [EMAIL PROTECTED], d.com> [EMAIL PROTECTED] cc: 04/24/2002 01:05 Subject: RE: Release of information PM I understand both positions on this, but I tend to agree that de-identified info can be shared.... The HIPAA rules swing both ways I guess.... -----Original Message----- From: Mimi Hart [mailto:[EMAIL PROTECTED]] Sent: Wednesday, April 24, 2002 3:42 PM To: [EMAIL PROTECTED]; [EMAIL PROTECTED] Subject: RE: Release of information ERs can release this..the question is should they. In a large, metropolitan center with mutliple hospitals and the potential for more then one shooting victim, yes. In a two hospital town where there was one fire the night before..I would question being as specific as the example that was given...(my opinion only).. Mimi Hart Research Analyst, HIPAA Iowa Health System 319-369-7767 (phone) 319-369-8365 (fax) 319-490-0637 (pager) [EMAIL PROTECTED] >>> "Drexler, Deborah" <[EMAIL PROTECTED]> 04/24/02 02:26PM >>> 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 <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 <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. ********************************************************************** 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.
