We've been asked to notify the fire department if we treat a child for injuries related to "playing with matches." Could children with burns received from playing with matches be considered victims of neglect? Does HIPAA allow this disclosure?
HIPAA Weekly Advisor, August 28, 2006
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You could consider children playing with matches to be victims of neglect, but you would then be required to report the incident to child protective services, not the local fire department.
The privacy rule permits you to disclose PHI without authorization if the disclosure is required by law. Some states require that you report burns or injuries from fireworks to a state oversight agency. If your state does not have such a requirement, you could still report children's burn injuries to the local fire department if you do either of the following:
- deidentify the information by removing the patient's name, medical record number, Social Security number, or any other protected identifier
- obtain written authorization from the child's parent or legal guardian to make the disclosure
Editor's note: Mary Brandt, president of Bellaire, TX-based Brandt & Associates, LLC, answered this question. This is not legal advice. Consult your attorney for legal matters.
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