Use and Disclosure of Protected Health Information: Difference between revisions

 
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Policy No.: '''6057'''<br />
Policy No.: '''6057'''<br />
Effective Date: '''03/17/03'''<br />
Effective Date: '''03/17/03'''<br />
Revised Date: '''draft 09/20/22'''<br />
Revised Date: '''03/28/24'''<br />
Reviewed Date: ''' '''<br />
Reviewed Date: ''' 04/22/24'''<br />


<big>'''Use and Disclosure of Protected Health Information Policy'''</big>  
<big>'''Use and Disclosure of Protected Health Information Policy'''</big>  
== Basis for Policy ==  
== Basis for Policy ==  
Nebraska Medicine/UNMC implements reasonable and appropriate access controls in alignment with National Institute of Standards and Technology (NIST) standards and guidance to maintain the minimum necessary access. [https://csrc.nist.gov/publications/detail/sp/800-53/rev-5/final NIST Special Publication 800-53] and the [https://www.cdc.gov/phlp/publications/topic/hipaa.html#security-rule HIPAA Security Rule] outline considerations for the access control family of security controls.
Nebraska Medicine/UNMC implements reasonable and appropriate access controls in alignment with National Institute of Standards and Technology (NIST) standards and guidance to maintain the minimum necessary access. [https://csrc.nist.gov/publications/detail/sp/800-53/rev-5/final NIST Special Publication 800-53] and the [https://www.cdc.gov/phlp/php/resources/health-insurance-portability-and-accountability-act-of-1996-hipaa.html HIPAA Security Rule] outline considerations for the access control family of security controls.
 
== Policy ==  
== Policy ==  
Nebraska Medicine/UNMC shall limit the use and disclosure of Protected Health Information (PHI) to the right people, for the right purposes, with the right authority, and always subject to reasonable safeguards -- all as defined by the [https://www.cdc.gov/phlp/publications/topic/hipaa.html Health Insurance Portability and Accountability Act of 1996 (HIPAA)] and Nebraska Medicine/UNMC policies.  
Nebraska Medicine/UNMC shall limit the use and disclosure of Protected Health Information (PHI) to the right people, for the right purposes, with the right authority, and always subject to reasonable safeguards -- all as defined by the [https://www.cdc.gov/phlp/php/resources/health-insurance-portability-and-accountability-act-of-1996-hipaa.html Health Insurance Portability and Accountability Act of 1996 (HIPAA)] and Nebraska Medicine/UNMC policies.
 
==Purpose==
==Purpose==
To establish guidelines for the use and disclosure of PHI.  
To establish guidelines for the use and disclosure of PHI.  
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##Documentation of the death of such Individuals; and  
##Documentation of the death of such Individuals; and  
##A representation that the requested PHI is necessary for the research purposes.
##A representation that the requested PHI is necessary for the research purposes.
#Review of PHI Preparatory to Research. Nebraska Medicine/UNMC staff and students who wish to review PHI to prepare a research proposal must submit a [https://unmcredcap.unmc.edu/redcap/surveys/?s=NMPNWMEA7W Electronic Health Data Request] Form to the [https://www.unmc.edu/cctr/resources/ehr/index.html Electronic Health Record Data Access Core] to obtain access to such PHI.  
#Review of PHI Preparatory to Research. Nebraska Medicine/UNMC staff and students who wish to review PHI to prepare a research proposal must submit a [https://unmcredcap.unmc.edu/redcap/surveys/?s=NMPNWMEA7W Electronic Health Data Request] Form to the [https://www.unmc.edu/research-resources/resources/cores/readi-core/index.html Electronic Health Record Data Access Core] to obtain access to such PHI.  
#Access to PHI for reviews preparatory to research requires that the researcher provide the following representations in advance of such disclosure and use:
#Access to PHI for reviews preparatory to research requires that the researcher provide the following representations in advance of such disclosure and use:
##that the use or disclosure is sought solely to review PHI as necessary to prepare a research protocol or for similar purposes preparatory to research;  
##that the use or disclosure is sought solely to review PHI as necessary to prepare a research protocol or for similar purposes preparatory to research;  
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*[https://nebraska.edu/-/media/unca/docs/offices-and-policies/policies/executive-memorandum/hipaa-compliance-policy.pdf University of Nebraska Executive Memorandum No. 27]
*[https://nebraska.edu/-/media/unca/docs/offices-and-policies/policies/executive-memorandum/hipaa-compliance-policy.pdf University of Nebraska Executive Memorandum No. 27]
*[http://nehii.org/index.php?option=com_docman&Itemid=59 NeHII Privacy and Information Security Policies and Procedures]
*[http://nehii.org/index.php?option=com_docman&Itemid=59 NeHII Privacy and Information Security Policies and Procedures]
*[https://www.cdc.gov/phlp/publications/topic/hipaa.html Health Insurance Portability and Accountability Act of 1996 (HIPAA)]
*[https://www.cdc.gov/phlp/php/resources/health-insurance-portability-and-accountability-act-of-1996-hipaa.html Health Insurance Portability and Accountability Act of 1996 (HIPAA)]
*[https://csrc.nist.gov/publications/detail/sp/800-53/rev-5/final NIST Special Publication 800-53]  
*[https://csrc.nist.gov/publications/detail/sp/800-53/rev-5/final NIST Special Publication 800-53]  
*[https://www.cdc.gov/phlp/publications/topic/hipaa.html#security-rule HIPAA Security Rule]  
*[https://www.cdc.gov/phlp/php/resources/health-insurance-portability-and-accountability-act-of-1996-hipaa.html HIPAA Security Rule]  


This page is maintained by [mailto:mhurlocker@unmc.edu mh].
This page is maintained by [mailto:mhurlocker@unmc.edu mh].