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OCR posts two new HIPAA FAQs

HIPAA Weekly Advisor, March 14, 2005

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The Office for Civil Rights (OCR) posted on its Web site Tuesday two new frequently asked questions (FAQs). One discusses requirements regarding sharing PHI with an interpreter; the other allowances for responding to a National Medical Support Notice (NMSM).

According to the OCR, healthcare providers do not need patient authorization to disclose PHI to interpreters when

• the interpreter is part of the provider workforce
• the covered entity engages the services of the interpreter as a business associate
• the interpreter is a family member, close friend, or other person designated by the patient as the interpreter for a particular healthcare encounter

In response to the NMSM question, the OCR responded that the privacy rule permits health plans to provide PHI to state child support enforcement agencies in response to an NMSM. This form constitutes a written request for PHI by a law enforcement agency. The NMSM must either include or be accompanied by written assurances from the law enforcement official that

• the requested PHI is material and relevant to a legitimate law enforcement inquiry
• the request is specific and limited in scope
• deidentified information cannot reasonably be used

The covered entity must verify the identity and authority of the public official making the request, and limit the disclosures to the minimum necessary for the purpose. Go to the OCR Web site and click on "What's new" for complete information on these FAQs.

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