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Disclosures of PHI as Permitted or Required by Law: Difference between revisions
Disclosures of PHI as Permitted or Required by Law (view source)
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Policy No.: '''6304'''<br /> | Policy No.: '''6304'''<br /> | ||
Effective Date: '''Draft | Effective Date: '''Draft 10/28/22'''<br /> | ||
Revised Date: <br /> | Revised Date: <br /> | ||
Revised Date: <br /> | Revised Date: <br /> | ||
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==Definitions== | ==Definitions== | ||
===Individual=== | ===Individual=== | ||
The person who is the subject of the PHI. Personal representatives of the | 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: | ||
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*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) | *the manifestation of a disease or disorder in such Individual’s family members (i.e., family medical history). | ||
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. | ||
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===Qualified Protective Order (QPO)=== | ===Qualified Protective Order (QPO)=== | ||
An order of a court or of an administrative tribunal or a stipulation by the parties to litigation or an administrative proceeding that: | An order of a court or of an administrative tribunal or a stipulation by the parties to litigation or an administrative proceeding that: | ||
*prohibits the parties from using or disclosing PHI for any purpose other than the litigation or proceeding for which such information was requested; and | |||
*requires the return (to UNMC) or destruction of the PHI (including all copies made) at the end of the litigation or proceeding. | * prohibits the parties from using or disclosing PHI for any purpose other than the litigation or proceeding for which such information was requested; and | ||
* requires the return (to UNMC) or destruction of the PHI (including all copies made) at the end of the litigation or proceeding. | |||
===Workforce=== | ===Workforce=== | ||
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. | 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. | ||