Hospital Issues Guidelines Regarding Disclosures to Avert Threats to Health or Safety
Hospital Issues Guidelines Regarding Disclosures to Avert Threats to Health or Safety
Covered Entity: General Hospital
Issue: Safeguards; Impermissible Uses and Disclosures; Disclosures to Avert a Serious Threat to Health or Safety
After treating a patient injured in a rather unusual sporting
accident, the hospital released to the local media, without the
patient’s authorization, copies of the patient’s skull x-ray as well as a
description of the complainant’s medical condition. The local newspaper
then featured on its front page the individual’s x-ray and an article
that included the date of the accident, the location of the accident,
the patient’s gender, a description of patient’s medical condition, and
numerous quotes from the hospital about such unusual sporting
accidents. The hospital asserted that the disclosures were made to
avert a serious threat to health or safety; however, OCR’s investigation
indicated that the disclosures did not meet the Privacy Rule’s standard
for such actions. The investigation also indicated that the
disclosures did not meet the Rule’s de-identification standard and
therefore were not permissible without the individual’s authorization.
Among other corrective actions to resolve the specific issues in the
case, OCR required the hospital to develop and implement a policy
regarding disclosures related to serious threats to health and safety,
and to train all members of the hospital staff on the new policy.
| Entity Rescinds Improper Charges for Medical Record Copies to Reflect Reasonable, Cost-Based Fees Covered Entity: Private Practice Issue: Access A patient alleged that a covered entity failed to provide him access to his medical records. After OCR notified the entity of the allegation, the entity released the complainant’s medical records but also billed him $100.00 for a “records review fee” as well as an administrative fee. The Privacy Rule permits the imposition of a reasonable cost-based fee that includes only the cost of copying and postage and preparing an explanation or summary if agreed to by the individual. To ...read more |
| TYLER, Texas — U.S. Attorney John M. Bales announced today that a former employee of an East Texas hospital has pleaded guilty to criminal HIPAA charges in the Eastern District of Texas. Joshua Hippler, 30, formerly of Longview, Texas, was indicted on March 26, 2014, on charges of Wrongful Disclosure of Individually Identifiable Health Information. Hippler pleaded guilty on August 28, 2014 during a hearing before United States Magistrate Judge John D. Love. The indictment alleged that from December 1, 2012, through January 14, 2013, Hippler, who was then an employee of a covered entity under HIPAA, obtained protected ...read more |
| Dentist Revises Process to Safeguard Medical Alert PHI Covered Entity: Health Care Provider Issue: Safeguards, Minimum Necessary An OCR investigation confirmed allegations that a dental practice flagged some of its medical records with a red sticker with the word "AIDS" on the outside cover, and that records were handled so that other patients and staff without need to know could read the sticker. When notified of the complaint filed with OCR, the dental practice immediately removed the red AIDS sticker from the complainant's file. To resolve this matter, OCR also required the practice to revise its policies and operating ...read more |
| Pharmacy Chain Revises Process for Disclosures to Law Enforcement Covered Entity: Pharmacies Issue: Impermissible Uses and Disclosures A chain pharmacy disclosed protected health information to municipal law enforcement officials in a manner that did not conform to the provisions of the Privacy Rule. Among other corrective actions to resolve the specific issues in the case, OCR required this chain to revise its national policy regarding law enforcement's access to patient protected health information to comply with the Privacy Rule requirements, including that disclosures of protected health information to law enforcement only be made in response to written requests from ...read more |
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