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Handle law enforcement requests correctly

HIPAA Training Advisor, February 23, 2006

HIPAA TRAINING ADVISOR
Brought to you by HCProfessorT
HIPAA Online Training Courses for Healthcare Organizations
http://www.hcprofessor.com/

Volume 2, Issue 4

Thursday, February 23, 2006

HIPAA TRAINING ADVISOR is a free, biweekly e-mail newsletter of tips and information on training your healthcare staff on HIPAA noncompliance.

To provide affordable, customized HIPAA training (via training handbooks, online courses, books, pamphlets, newsletters, CD-ROMs, e-zines, videos, consulting, and training materials) for your entire organization, call Dave Miller toll-free at HCPro 888/209-6554 or e-mail him at davemiller@hcpro.com (please state your name, institution, approximate number of people you want to train, and, if applicable, the title of the product that interests you). Ask him about FREE samples and discount rates!

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TIP ON HIPAA TRAINING

Mandatory compliance of the HIPAA privacy regulations, including the training requirement on your organization's policies and procedures, took effect April 14, 2003. And organizations must implement a security awareness and training program NOW, to comply with the final security rule. For more information about how to fulfill HIPAA's training requirements, contact Dave Miller at davemiller@hcpro.com. For more information on HIPAA's changes to consent, authorization, and other issues, click here: http://www.hcpro.com.


Handle law enforcement requests correctly

Juggling law enforcement and HIPAA regulations can be tricky. The gray areas and confusing exceptions regarding disclosing protected health information (PHI) to law enforcement, coupled with state laws that sometimes differ from HIPAA, can lead to questions and conflicts with local district attorneys and law enforcement officials. Alice Hwang, health information manager at Beth Israel Deaconess Medical Center (BIDMC) in Boston, offers the following advice to those who have trouble with this murky area of HIPAA.

  1. Don't ignore a subpoena. If you believe the subpoena is not a proper order, respond in writing-a phone call won't do, Hwang says. If an attorney or law enforcement official continues to demand the information, be ready to appear in court on the date stated in the subpoena.
  2. Study the privacy rule and request forms. Read up on the relevant sections of the HIPAA privacy law (primarily section 164.512) and applicable state laws, and familiarize yourself with the various forms you're likely to encounter when dealing with law enforcement. There is little difference between certain types of subpoenas (e.g., a trial subpoena and a deposition subpoena), according to Hwang. Studying this ahead of time will put you on a level playing field with law enforcement officials.
  3. Stand your ground. Police officers, attorneys, and other law enforcement officials can seem intimidating in certain situations. Be secure in your knowledge of HIPAA and state laws and retain control of the situation.
  4. Work closely with local officials. Don't avoid law enforcement officials with whom you may be at odds regarding PHI disclosures. Instead, work with them to make both your lives easier. For example, Hwang supplies local district attorneys with copies of BIDMC's authorization for release of information. That way, law enforcement know what they're up against before they arrive at the medical center.

Editor's note: Adapted from "Reference HIPAA, state law when dealing with law enforcement," Briefings on HIPAA, February 2006.

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HIPAA TRAINING ADVISOR
Brought to you by Dave Miller and HCProfessorT:
HIPAA Online Training Courses for Healthcare Organizations
Phone (toll free): 888/209-6554
E-mail: davemiller@hcpro.com

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