Title: RE: HIPAA privacy and telephone
Be careful -
If you say that an authorization is required, a y/n question will not fill the void even if you track it.
If you say that an authorization is required, it must be a HIPAA valid authorization and there are a list of about 10 required components to be a valid auth.
 
I happen to agree that an auth would be required with one exception - an authorized personal representative could be given the patient's info.
There is also the paragraph about exceptions in the treatment relationship when the family member is involved in the care....but this may be an area that is too gray for this type of situation.
BK
-----Original Message-----
From: Clay, Roy III (NO) [mailto:[EMAIL PROTECTED]]
Sent: Friday, January 17, 2003 4:09 PM
To: WEDI SNIP Privacy Workgroup List
Subject: RE: HIPAA privacy and telephone

My feeling is that unless you have authorization from the patient, anything other than giving the results directly to the patient is not allowed. You wish you can have an opt-in question on the order of "Do we have your permission to leave medical information with your spouse?(Y/N) These responses would have to be tracked and adhered to.

-----Original Message-----
From: Doug Webb [mailto:[EMAIL PROTECTED]]
Sent: Friday, January 17, 2003 8:51 AM
To: WEDI SNIP Privacy Workgroup List
Subject: Re: HIPAA privacy and telephone


An extension to this -- how do you handle answering machines?

My gut feeling is that either a no-no (the machine more questionable than a family member) -- the information could only be released to the patient or his/her representative designated in a written authorizaton.  Perhaps another signature on your main consent/authorization form to allow these types of communications is what's needed???

The opinions expressed here are my own and not necessarily the opinion of LCMH.

Douglas M. Webb
Computer System Engineer
Little Company of Mary Hospital & Health Care Centers
[EMAIL PROTECTED]

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----- Original Message -----
From: <[EMAIL PROTECTED]>
To: "WEDI SNIP Privacy Workgroup List" <[EMAIL PROTECTED]>
Sent: Thursday, January 16, 2003 04:04 PM
Subject: HIPAA privacy and telephone


> I would like the lists opinion on this topic.
>
> Patient comes to the office to have their potassium checked because they are on a diuretic.  Later, the physician's nurse calls the patient at home with results but the patient is not home.  Spouse answers the phone.  Can you tell the spouse that the potassium was fine and that he/she should tell the spouse to continue the same dose of diuretic and potassium supplement?  If you say "no, this type of disclosure is not allowed", would it matter that we put a statment in our Notice of Privacy Practices that stated  (in the section on Payment, treatment and  health care operations) "On occasion, we call test results to your home and leave the results with a family member if you are not present".  Now, obviously, we would not do this with a HIV result but it seems like such a waste of everyone's time to play phone tag to accommodate the one patient in a million that is actually upset because you told the spouse what the potassium result was.  Thank you.

>
> Rich Fairley,
> Dubuque, IA


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The WEDI SNIP listserv to which you are subscribed is not moderated. The discussions on this listserv therefore represent the views of the individual participants, and do not necessarily represent the views of the WEDI Board of Directors nor WEDI SNIP. If you wish to receive an official opinion, post your question to the WEDI SNIP Issues Database at http://snip.wedi.org/tracking/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time.

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