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 Information transmitted is confidential and may be proprietary to FOX Systems, Inc. It is intended only for the person or entity to which it is addressed. Anyone else is prohibited from disclosing, copying, or disseminating the contents or attachments. If you receive this in error, please notify sender immediately, or us at www.foxsys.com and delete from your system. >>> "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] --- 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. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org --- 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. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org
