HIPAA Minimum MUST Dos - Health Care Conference HIPAA最小必须DOS保健会议.pptVIP

2.05 HIPAA Privacy: Balancing HIPAA Privacy and State Law and Law Enforcement – Permitted Disclosure Doesn’t Mean Required: The Need for Policy New Patient’s Right to Agree/Object Patients must be told and given the opportunity to agree or object Listing in the facility directory (for public access) Sharing information with family members and others close to the patient Disaster relief New Patient’s Right to Agree/Object Public Information in the facility directory: Patient name Location in facility Condition in general terms Member of the public must ask for patient by name New OCR Consumer Fact Sheet /ocr/hipaa/consumer_summary.pdf HIPAA – Required Disclosures New Required Disclosures When requested by the Secretary of HHS to investigate or determine the Covered Entity’s compliance with the privacy standards. Permitted Disclosures HIPAA includes a list of Permitted Disclosures (without consent or authorization) 45 CFR 164.512 (a) – (g) (a) required by law (meet requirements of c, e and f) (b) public health activities (c) victims of abuse, neglect or domestic violence (d) health oversight activities (e) judicial and administrative proceedings (f) law enforcement purposes (g) decedents List is necessary to facilitate disclosures required by State law that otherwise would be preempted by HIPAA Disclosures required by law are permitted Disclosure is permitted as required by specific State laws that require the reporting of Certain types of wounds or injuries (e.g. gunshots) 45 CFR 164.512(f) Suspected abuse/neglect 45 CFR 164.512(b) and(c) Animal bites 45 CFR 164.512(f) Communicable diseases 164.512(b) State databases 164.512(b) Obligation to Inform The covered entity reporting a victim of abuse, neglect or domestic violence must promptly inform (orally) the individual that the report of abuse, neglect or domestic violence has been made, unless In exercise of professional judgment, the CE believes informing the individual would pl