Disclosure of PHI for Law Enforcement Purposes: Difference between revisions

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==Policy==
==Policy==
UNMC shall disclose protected health information (PHI) for law enforcement purposes in accordance with the requirements of the [https://www.cdc.gov/phlp/publications/topic/hipaa.html Health Insurance Portability and Accountability Act of 1996 (HIPAA)] and UNMC policies to maintain confidentiality of PHI and protect patient privacy.
UNMC shall disclose protected health information (PHI) for law enforcement purposes in accordance with the requirements of the [https://www.cdc.gov/phlp/publications/topic/hipaa.html Health Insurance Portability and Accountability Act of 1996 (HIPAA)] and UNMC policies to maintain confidentiality of PHI and protect patient privacy.
==Definitions==
===Individual===
The person who is the subject of the PHI. Personal representatives of the patient have the same rights as the Individual under HIPAA (i.e., they “step into the shoes” of the Individual). Personal representatives include the legal guardian and anyone else authorized by law to act on behalf of the Individual. See Nebraska Medicine Consents and Permits policy, MS14.
===Protected Health Information (PHI)===
Individually identifiable health information including demographic information, collected from an Individual, whether oral or recorded in any medium, that:
*is created or received by UNMC/Nebraska Medicine; and
*relates to the past, present or future physical or mental health or condition of an Individual; the provision of health care to an Individual; or the past, present or future payment for the provision of health care to an Individual and identifies the Individual or with respect to which there is a reasonable basis to believe the information can be used to identify the Individual. 
PHI includes genetic information, which includes information about the following items (and excludes information about an Individual’s sex or age):
*an Individual’s genetic tests; 
*the genetic tests of an Individual’s family members; or
*the manifestation of a disease or disorder in such Individual’s family members (i.e., family medical history); or
*any request for, or receipt of, genetic services (e.g., genetic test, genetic counseling, genetic education), or participation in clinical research which includes genetic services by the Individual or any family member of the Individual.
PHI excludes:
*individually identifiable health information of a person who has been deceased for more than fifty (50) years.
*education records covered by the Family Educational Rights and Privacy Act (FERPA); and
*employment records held by UNMC in its role as employer.
===Workforce===
Employees, medical staff, volunteers, trainees, and other persons whose conduct, in the performance of work for UNMC, is under the direct control of UNMC, whether or not they are paid by UNMC.
==Procedures==
==Procedures==
===Disclosure of PHI for Law Enforcement Purposes===
===Disclosure of PHI for Law Enforcement Purposes===
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#**staff is presented a court order, subpoena, or warrant for the test specimen or results (forward the document to the Health Information Management department (HIM) for processing; for urgent requests that cannot wait for HIM, contact Risk or General Counsel’s office).  
#**staff is presented a court order, subpoena, or warrant for the test specimen or results (forward the document to the Health Information Management department (HIM) for processing; for urgent requests that cannot wait for HIM, contact Risk or General Counsel’s office).  
Reference Nebraska Medicine’s Legal Blood Alcohol Testing policy, ESD 06.005, and Legal Drug/Alcohol Testing policy, PC18.
Reference Nebraska Medicine’s Legal Blood Alcohol Testing policy, ESD 06.005, and Legal Drug/Alcohol Testing policy, PC18.
 
==Definitions==
 
===Individual===
The person who is the subject of the PHI. Personal representatives of the patient have the same rights as the Individual under HIPAA (i.e., they “step into the shoes” of the Individual). Personal representatives include the legal guardian and anyone else authorized by law to act on behalf of the Individual. See Nebraska Medicine Consents and Permits policy, MS14.
===Protected Health Information (PHI)===
Individually identifiable health information including demographic information, collected from an Individual, whether oral or recorded in any medium, that:
*is created or received by UNMC/Nebraska Medicine; and
*relates to the past, present or future physical or mental health or condition of an Individual; the provision of health care to an Individual; or the past, present or future payment for the provision of health care to an Individual and identifies the Individual or with respect to which there is a reasonable basis to believe the information can be used to identify the Individual. 
PHI includes genetic information, which includes information about the following items (and excludes information about an Individual’s sex or age):
*an Individual’s genetic tests; 
*the genetic tests of an Individual’s family members; or
*the manifestation of a disease or disorder in such Individual’s family members (i.e., family medical history); or
*any request for, or receipt of, genetic services (e.g., genetic test, genetic counseling, genetic education), or participation in clinical research which includes genetic services by the Individual or any family member of the Individual.
PHI excludes:
*individually identifiable health information of a person who has been deceased for more than fifty (50) years.
*education records covered by the Family Educational Rights and Privacy Act (FERPA); and
*employment records held by UNMC in its role as employer.
===Workforce===
Employees, medical staff, volunteers, trainees, and other persons whose conduct, in the performance of work for UNMC, is under the direct control of UNMC, whether or not they are paid by UNMC.
==Additional Information==
==Additional Information==
*Contact the [mailto:privacy@nebraskamed.com Privacy Office] or at 402-559-5136.
*Contact the [mailto:privacy@nebraskamed.com Privacy Office] or at 402-559-5136.
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