HIPAA (1966) and Protected Health Information
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1. In what circumstances are health care providers required to report otherwise protected health information and to whom?
2. Are the recently issued HIPAA regulations regarding transmission, privacy and security of protected health information necessary, regardless of the burden and cost of compliance?
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Solution Summary
This solution identifies the circumstances when health care providers are required to report otherwise protected health information and to whom. It then explores whether or not the HIPAA regulations regarding transmission, privacy and security of protected health information are necessary, regardless of the burden and cost of compliance.
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1. In what circumstances are health care providers required to report otherwise protected health information and to whom?
Protected health information (PHI) means individually identifiable health information maintained or transmitted in any form, whether electronically, on paper or orally. However, PHI excludes individually identifiable health information in employment records kept by a covered entity in its role as an employer (such as OSHA 300 logs or First Rep of Injury forms completed by an employer for reporting purposes). [45 CFR 164.501] http://www.doli.state.mn.us/hipaa.html#What%20is%20%22protected%20health%20information%22ort
For example, One notable exception involves disclosures of patient information that are required by law. For example, we are required by law to report communicable diseases to the appropriate authorities. Health Information Portability and Accountability Act, please go to www.dhhs.gov/ocr/hipaa.
Let's take a closer look.
The Health Information Portability and Accountability Act (HIPAA) contains a number of circumstances that allow use or disclosure of PHI without patient consent or authorization.
1) During disasters, such as a hurricane
HIPAA privacy regulations are found at 45 Code of Federal Regulations (CFR) Parts 160 and 164. (The US DHHS Office of Civil Rights previously issued bulletins related to hurricane response at www.hhs.gov/ocr/hipaa.) The regulations allow disclosure for disaster relief purposes (generally, notifying or locating family). In addition, the following uses or disclosures are allowed under HIPAA without patient consent or authorization and may apply during a disaster.
a. USE AND DISCLOSURE FOR TREATMENT: Section 164.506 allows use and disclosure as necessary to provide treatment, including coordination of care or referral.
b. USE ...
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