Leslie,

In my opinion, while it would be good to apply some minimum necessary
principals, I don't think you are required to do so in this situation.

Because these are providers (covered or not)  using, disclosing, and
requesting the PHI for treatment.  

Under 164.502(b)(2) - min. necessary doesn't apply to disclosures to or
requests by a health care provider for treatment.

And under 164.506(c)(1) - covered entities can use/disclose PHI for its
own treatment activities and (2) for treatment activities of (another)
health care provider.

Regards, lhc

Leah Hole-Curry, JD
FOX Systems, Inc.
602.708.1045 
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>>> "Harpe, Leslie" <[EMAIL PROTECTED]> 03/25/03 12:21 PM >>>
Your opinions on the following scenario:
A patient is seen in the ER last night.  Dr. A ordered labs.  Dr. B
calls
the lab for the results today.  Lab only knows the ordering doctor. 
Based
on the fact that Dr. B knows labs were ordered and according to section
164.514(d)(3)(iii)(B), we are going to release the lab results without
an
authorization.  We believe that this is continuum of care and we are
releasing to another covered entity. (No disclosure is required either.)
 If
each department identifies who can release the info, the minimum they
can
release for routine disclosure and develop criteria for non-routine
disclosures, this should be an acceptable practice. Page 82545 also
supports
this interpretation.  My notice also informs the patient that we will do
this as continuum of care.

Once the chart is received by medical records though, we will require an
authorization if the physician is not on record.  

I hope this is right, if not, we'd better start planting more trees to
support the tremendous mounds of paperwork.    

Thanks,
Leslie Harpe
Privacy Official
South Georgia Medical Center
Valdosta, GA  31603-1727
[EMAIL PROTECTED]


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