New guidance deals with disclosures to law enforcement
HIPAA Weekly Advisor, February 9, 2004
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New guidance deals with disclosures to law enforcement
Most mainstream news items on adjusting to life under the privacy rule make at least a passing mention to the frustrations of police officers trying to get information on patients from reluctant caregivers. A new guidance document from the Arizona Hospital and Healthcare Association may offer some relief for both parties. The association's 33-page publication focuses on the following six common points of interaction between health care providers and the police:
--Hospital release of patient information to law enforcement officers
--Hospital release of information with special protection, including communicable diseases/HIV, mental health, genetic testing, and alcohol and drug abuse treatment information
--Law enforcement officer presence in hospitals
--Hospital release of patient property to law enforcement officers
--Hospital release of blood and bodily fluid samples
--Law enforcement requests for "medical clearance" of arrested patients for booking
Along with the new guidance, the association also published on its Web site a set of sample forms to help providers better manage law enforcement requests for PHI. The 10-page compilation includes a patient authorization to disclose PHI, a request for records to be signed by police, a certification form for the custodian of records, and other official documents.
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