University of Nebraska Medical Center

Disclosure of PHI for Law Enforcement Purposes: Difference between revisions

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Update Health Insurance Portability and Accountability Act of 1996 (HIPAA) – appears 2x
 
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[[Identification Card]] | [[Secure Area Card Access]] | [[Privacy/Confidentiality]] | [[Computer Use/Electronic Information]] | [[Retention and Destruction/Disposal of Private and Confidential Information]] | [[Use and Disclosure of Protected Health Information]] | [[Notice of Privacy Practices]] | [[Access to Designated Record Set]] | [[Accounting of PHI Disclosures]] | [[Patient/Consumer Complaints]] | [[Vendors]] | [[Fax Transmissions]] | [[Psychotherapy Notes]] | [[Facility Security]] | [[Conditions of Treatment Form]] | [[Informed Consent for UNMC Media]] | [[Transporting Protected Health Information]] | [[Honest Broker]] | [[Social Security Number]] | [[Third Party Registry]] | [[Information Security Awareness and Training]] | [[Patient Privacy Investigations and Levels of Violation]] | [[Use and Disclosure of PHI for Training Health Care Professionals]] | [[Disclosures of PHI as Permitted or Required by Law]] | [[Disclosure of PHI for Law Enforcement Purposes]]
[[Identification Card]] | [[Secure Area Card Access]] | [[Privacy/Confidentiality]] | [[Computer Use/Electronic Information]] | [[Retention and Destruction/Disposal of Private and Confidential Information]] | [[Use and Disclosure of Protected Health Information]] | [[Notice of Privacy Practices]] | [[Access to Designated Record Set]] | [[Accounting of PHI Disclosures]] | [[Patient/Consumer Complaints]] | [[Vendors]] | [[Fax Transmissions]] | [[Psychotherapy Notes]] | [[Facility Security]] | [[Conditions of Treatment Form]] | [[Informed Consent for UNMC Media]] | [[Transporting Protected Health Information]] | [[Honest Broker]] | [[Social Security Number]] | [[Third Party Registry]] | [[Information Security Awareness and Training]] | [[Patient Privacy Investigations and Levels of Violation]] | [[Use and Disclosure of PHI for Training Health Care Professionals]] | [[Disclosures of PHI as Permitted or Required by Law]] | [[Disclosure of PHI for Law Enforcement Purposes]]
<br /><br />
<br /><br />
Policy No.: '''6304'''<br />
Policy No.: '''6305'''<br />
Effective Date: '''Draft 08/23/22'''<br />
'''Effective Date: 10/28/22'''<br />
Revised Date: <br />
'''Revised Date: 10/28/22<br />
Revised Date: <br />
'''Review Date: 07/24/24<br />'''
<br />
<br />
<big>'''Policy on Disclosure of PHI for Law Enforcement Purposes'''</big><br /><br />
<big>'''Policy on Disclosure of PHI for Law Enforcement Purposes'''</big><br /><br />
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To establish guidelines for the disclosure of PHI for law enforcement purposes in accordance with HIPAA and University of Nebraska Medical Center (UNMC) policies.   
To establish guidelines for the disclosure of PHI for law enforcement purposes in accordance with HIPAA and University of Nebraska Medical Center (UNMC) policies.   
==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/php/resources/health-insurance-portability-and-accountability-act-of-1996-hipaa.html Health Insurance Portability and Accountability Act of 1996 (HIPAA)] and UNMC policies to maintain confidentiality of PHI and protect patient privacy.
==Procedures==
==Procedures==
===Disclosure of PHI for Law Enforcement Purposes===
===Disclosure of PHI for Law Enforcement Purposes===
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==Definitions==
==Definitions==
===Individual===
===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.
The person who is the subject of the PHI. Personal representatives of the Individual 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)===
===Protected Health Information (PHI)===
Individually identifiable health information including demographic information, collected from an Individual, whether oral or recorded in any medium, that:
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
*is created or received by UNMC/ACE; 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.
*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):
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;
*an Individual’s genetic tests;
*the genetic tests of an Individual’s family members; or
*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
*the manifestation of a disease or disorder in such Individual’s family members (i.e., family medical history).
*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:
PHI excludes:
*individually identifiable health information of a person who has been deceased for more than fifty (50) years.
*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  
*education records covered by the Family Educational Rights and Privacy Act (FERPA); and
*employment records held by UNMC in its role as employer.
*employment records held by UNMC in its role as employer.
===Workforce===
===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.
Employees, medical staff, volunteers, trainees and other persons whose conduct, in the performance of work for Nebraska Medicine/UNMC, is under the direct control of Nebraska Medicine/UNMC, whether or not they are paid by Nebraska Medicine/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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*Contact [mailto:unmcpublicsafety@unmc.edu Public Safety]; for Emergencies: 402-559-5555, 24 hours per day; for Dispatch: 402-559-5111, 24 hours per day
*Contact [mailto:unmcpublicsafety@unmc.edu Public Safety]; for Emergencies: 402-559-5555, 24 hours per day; for Dispatch: 402-559-5111, 24 hours per day
*Risk (consult Web On Call or the hospital operator to reach on-call Risk staff)  
*Risk (consult Web On Call or the hospital operator to reach on-call Risk staff)  
*General Counsel’s Office (Hospital or University??)
*General Counsel’s Office  
*UNMC Policy No. 6045, [https://wiki.unmc.edu/index.php/Privacy/Confidentiality Privacy, Confidentiality and Security of Patient and Proprietary Information]
*UNMC Policy No. 6045, [https://wiki.unmc.edu/index.php/Privacy/Confidentiality Privacy, Confidentiality and Security of Patient and Proprietary Information]
*UNMC Policy No. 6051, [https://wiki.unmc.edu/index.php/Computer_Use/Electronic_Information Computer Use/Electronic Information]
*UNMC Policy No. 6051, [https://wiki.unmc.edu/index.php/Computer_Use/Electronic_Information Computer Use/Electronic Information]
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*Nebraska Medicine Legal Blood Alcohol Testing policy, ESD 06.005
*Nebraska Medicine Legal Blood Alcohol Testing policy, ESD 06.005
*Nebraska Medicine Legal Drug/Alcohol Testing policy, PC18
*Nebraska Medicine Legal Drug/Alcohol Testing policy, PC18
*[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)]  


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