- Does HIPAA say you can release it? if NO, can NOT release it (unless authorization) TPO (typical permitted releases) = treatment, payment, operations hospital can fax/send medical records & PHI (example of if HIPAA does apply, but can release) Can send info to insurance company, medicare/medicaid, etc. If your state law is more stringent then you have to go by that (like CA's scheme basically supplants HIPAA, preemption, typically called a subpoena rule) BUT: how much can you release? Minimum Necessary Standard Applies with every disclosure except: Treatment - when physician wants patient’s records, should send everything Law Enforcement Needs (some) Authorization - can turn over all unless limited by patient In every other circumstance, only turn over the Minimum Amount necessary to satisfy order, etc. Permitted Disclosures - Treatment - Payment - Healthcare Operations: peer review processes, quality assurances, etc. - When required by law: court order, etc. (BUT if patient has received notice of the subpoena & has had opportunity to object, then documents can be released) - To the patient (or his legal representative) - With Valid authorization EX: mother withdraws child from daycare due to learning another child was HIV positive in the course of her work = no problem EX2: nurse tells other mothers that other child with HIV positive = BIG problem 3. What duties does HIPAA impose? Requires training of ALL employees on how to comply with HIPAA
- Does HIPAA say you can release it? if NO, can NOT release it (unless authorization) TPO (typical permitted releases) = treatment, payment, operations hospital can fax/send medical records & PHI (example of if HIPAA does apply, but can release) Can send info to insurance company, medicare/medicaid, etc. If your state law is more stringent then you have to go by that (like CA's scheme basically supplants HIPAA, preemption, typically called a subpoena rule) BUT: how much can you release? Minimum Necessary Standard Applies with every disclosure except: Treatment - when physician wants patient’s records, should send everything Law Enforcement Needs (some) Authorization - can turn over all unless limited by patient In every other circumstance, only turn over the Minimum Amount necessary to satisfy order, etc. Permitted Disclosures - Treatment - Payment - Healthcare Operations: peer review processes, quality assurances, etc. - When required by law: court order, etc. (BUT if patient has received notice of the subpoena & has had opportunity to object, then documents can be released) - To the patient (or his legal representative) - With Valid authorization EX: mother withdraws child from daycare due to learning another child was HIV positive in the course of her work = no problem EX2: nurse tells other mothers that other child with HIV positive = BIG problem 3. What duties does HIPAA impose? Requires training of ALL employees on how to comply with HIPAA