Question of the Week: What are our liabilities regarding whistleblowers?
HIPAA Weekly Advisor, January 19, 2004
Want to receive articles like this one in your inbox? Subscribe to HIPAA Weekly Advisor!
Question: What are our liabilities if one of our employees or business associates disclose protected health information in a whistleblowing capacity?
Answer: The rules provide protection to a covered entity for the good faith whistleblower action of a member of its workforce or a business associate. A covered entity is not in violation of the HIPAA requirements when a member of its workforce or a business associate of the covered entity discloses protected health information to:
* A health oversight agency or public health authority authorized by law to investigate or otherwise oversee the relevant conduct or conditions of the covered entity for the purpose of reporting the allegation of failure to meet professional standards or misconduct by the covered entity
* An appropriate health care accreditation organization for the purpose of reporting the allegation of failure to meet professional standards or misconduct by the covered entity
* An attorney, for the purpose of determining his or her legal options with respect to whistle blowing
For more information see 45 CFR Section 164.502(j) Disclosures by Whistleblowers and Workforce Member Crime Victims
http://www.bricker.com/legalservices/practice/hcare/hipaa/164.502j.asp
Want to receive articles like this one in your inbox? Subscribe to HIPAA Weekly Advisor!
Related Products
Most Popular
- Articles
-
- Q/A: Volume requirement for reporting hydration services
- Featured blog post: Nurses face felony charges after reporting physician to the Texas Medical Board
- Catch up on what's new with injections and infusions
- Topic: CMS, OESS post new security compliance review information, checklist
- Capturing all necessary codes for IUD insertion and removal can be challenging
- HIPAA Q&A: Level of encryption needed for email
- Identify potential Medicaid RAC target areas
- What does case-mix index mean to you?
- QA:Coding multiple initial infusions
- OB services: Coding inside and outside of the package
- E-mailed
-
- Q/A: Volume requirement for reporting hydration services
- Featured blog post: Nurses face felony charges after reporting physician to the Texas Medical Board
- HIPAA Q&A: Level of encryption needed for email
- Q&A: Follow CMS' coding guidelines when using modifier -25
- CMS has reformulated payments for some bilateral procedures
- Catch up on what's new with injections and infusions
- New conflicts of interest create new challenges
- Q/A. One injection code or two?
- What does case-mix index mean to you?
- ED-to-inpatient transfers are flawed with safety gaps
- Searched