Q&A: HIPAA and patient directories
Compliance Monitor, January 23, 2004
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The rule typically avoids this level of specificity. However, a helpful approach to interpreting the rule in real life situations is to consider the rule-writers' intent. From that viewpoint, it seems clear that all directories or listings of a facility's patients should have comparable privacy protection. In practice, it's likely that professional judgment will come into play more often in the emergency room (ER) than in inpatient areas. In the ER, patients may not be conscious or in a condition to make privacy-related decisions. However, a hospital should be able to encompass both under its patient directory privacy policy. Just be sure your hospital is well-informed about the appropriate handling of patient information requests from the media, law enforcement, and others not involved with the patient's care.
This question was answered by Kate Borten, CISSP, is the founder of The Marblehead Group, Inc., a national security and privacy consulting firm focused on the health care industry.
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