HIPAA Q&A: Hospice and home health staff members
HIPAA Weekly Advisor, September 28, 2009
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Q. Are hospice and home health staff members permitted to review records of residents referred to them by a covered entity’s administrative staff to determine whether the residents qualify for hospice and home health services?
A. Yes, as long as the hospice and home health staff members are internal to the covered entity, and they don’t use the resident records for marketing purposes prohibited by the HIPAA privacy rule. This type of review would fall under healthcare operations because its purpose is to determine eligibility for services rather than providing treatment.
Editor’s note: Chris Apgar, CISSP, answered this question. This is not legal advice. Consult your attorney regarding legal matters.
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