There is no "flip" side as you envision it. One is a privacy violation,
the other is a public health issue.
The Public Health agency charged with dealing with an outbreak of Ebola
should be handling it, and the hospital publicity will state "The hospital
is cooperating fully with the Dept of Public Health".
Deborah A. Lelinski
IDX Carecast/LastWord HIPAA Program Manager
206.689.0967
[EMAIL PROTECTED]
www.idx.com
"Heiert, David"
<DHeiert@accu-me To: "'[EMAIL PROTECTED]'"
<[EMAIL PROTECTED]>, "Heiert, David"
d.com> <[EMAIL PROTECTED]>
cc: [EMAIL PROTECTED],
'Mimi Hart' <[EMAIL PROTECTED]>,
04/24/2002 02:03 [EMAIL PROTECTED]
PM Subject: RE: Release of information
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
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