Disclosure of PHI for Law Enforcement Purposes: Difference between revisions

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===Disclosure of PHI for Law Enforcement Purposes===
===Disclosure of PHI for Law Enforcement Purposes===
In addition to disclosures of PHI that are allowed by UNMC Policy No. 6303, [[Disclosures of PHI as Permitted or Required by Law]], PHI may be disclosed to law enforcement only under the following, limited circumstances. All such disclosures must be documented via Quick Disclosure. Disclosure must be limited to the minimum necessary amount needed to accomplish the disclosure’s intended purpose (which may be the elements listed in a relevant state law).  
In addition to disclosures of PHI that are allowed by UNMC Policy No. 6303, [[Disclosures of PHI as Permitted or Required by Law]], PHI may be disclosed to law enforcement only under the following, limited circumstances. All such disclosures must be documented via Quick Disclosure. Disclosure must be limited to the minimum necessary amount needed to accomplish the disclosure’s intended purpose (which may be the elements listed in a relevant state law).  
{{ordered list
 
|When believed in good faith to be necessary to prevent or '''lessen a serious and imminent threat to the health or safety of a person or the public'''. If law enforcement is to be contacted, first contact campus [https://www.unmc.edu/aboutus/public-safety/index.html Public Safety] (unless the threat is immediate, in which case local law enforcement should be contacted immediately). Reference this policy, UNMC Policy No. 6304, [[Disclosure of PHI for Law Enforcement Purposes]].
#When believed in good faith to be necessary to prevent or '''lessen a serious and imminent threat to the health or safety of a person or the public'''. If law enforcement is to be contacted, first contact campus [https://www.unmc.edu/aboutus/public-safety/index.html Public Safety] (unless the threat is immediate, in which case local law enforcement should be contacted immediately). Reference this policy, UNMC Policy No. 6304, [[Disclosure of PHI for Law Enforcement Purposes]].
#In compliance with and as limited by the relevant requirements of:
#In compliance with and as limited by the relevant requirements of:
#*A '''court order''' or '''court-ordered warrant''', or a '''subpoena''' or '''summons issued by a judicial officer''' (reference UNMC Policy No. 6303, [[Disclosures of PHI as Permitted or Required by Law]] regarding disclosures for judicial or administrative proceedings pursuant to a court or administrative tribunal order or subpoena);
#*A '''court order''' or '''court-ordered warrant''', or a '''subpoena''' or '''summons issued by a judicial officer''' (reference UNMC Policy No. 6303, [[Disclosures of PHI as Permitted or Required by Law]] regarding disclosures for judicial or administrative proceedings pursuant to a court or administrative tribunal order or subpoena);
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#**The information sought is relevant and material to a legitimate law enforcement inquiry;
#**The information sought is relevant and material to a legitimate law enforcement inquiry;
#**The request is specific and limited in scope to the extent reasonably practicable in light of the purpose for which the information is sought; and
#**The request is specific and limited in scope to the extent reasonably practicable in light of the purpose for which the information is sought; and
#**De-identified information could not reasonably be used.<!--
#**De-identified information could not reasonably be used.
--><p>
::<p>'''Note:''' Law enforcement is not permitted to be present in an operating room or any other treatment space unless: </p>
:'''Note:''' Law enforcement is not permitted to be present in an operating room or any other treatment space unless: </p>
#*required by a court order or search warrant;  
:::*required by a court order or search warrant;  
#*at the request of clinical staff (e.g., for their safety); or  
:::*at the request of clinical staff (e.g., for their safety); or  
###*the Individual gives permission for a law enforcement officer to be in the patient’s room (and the law enforcement officer’s presence does not impede or in any way compromise the patient’s medical care, in staff’s sole determination).<br />
:::*the Individual gives permission for a law enforcement officer to be in the patient’s room (and the law enforcement officer’s presence does not impede or in any way compromise the patient’s medical care, in staff’s sole determination).
<ol>#<li value = '3">If a law enforcement officer requests PHI to identify or locate a suspect, fugitive, material witness, or missing person. Staff may provide only the following PHI about the Individual in this scenario:</li>
<li value="3">#If a law enforcement officer requests PHI to identify or locate a suspect, fugitive, material witness, or missing person. Staff may provide only the following PHI about the Individual in this scenario:</li>
#**name,  
#**name,  
#**address,  
#**address,  
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