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Frequently Asked
Questions
At BayCare, we strive to meet the needs of reporters and other
media representatives within the framework of applicable law and the health
system's policies and procedures. To learn more about HIPAA and how patient
information may be disclosed, please review the following Frequently Asked
Questions.
- What is
HIPAA?
- When did the law go into
effect?
- What kind of organizations,
specifically, are subject to the new HIPAA guidelines?
- How does HIPAA affect the
media?
- How will HIPAA change the
way medical providers release patient information to the
media?
- If a patient has been given
the opportunity but has chosen not to restrict their information, what kinds
of condition information may be disclosed?
- What about patients who are
unconscious or otherwise unable to give advance consent for release of their
information?
- If a reporter is covering a
traffic accident and calls the hospital asking for information about the
condition of a vehicle's occupants, citing the location of the accident but
not the victims' names, can the hospital provide a condition
report?
- What if the reporter asks
about the accident victim by name?
- What if a reporter calls
with information that is already part of the public record, such as name or
condition of the patient obtained from police reports?
- Can a hospital confirm that
a patient has died?
- Do restrictions on the
release of patient information change if a disaster occurs?
- How does HIPAA apply to
minor children?
What is HIPAA?
HIPAA is an acronym that stands for the Health Insurance
Portability and Accountability Act of 1996. HIPAA includes regulations that
govern the use and release of a patient's personal health information. HIPAA
also limits the kind of information hospitals can disclose regarding
patients.
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When did the law go into effect?
HIPAA regulations became effective on April 14, 2001, and April
14, 2003 is the date on which hospitals must have been in compliance with the
HIPAA privacy rule. The rule governs the use and disclosure of individually
identifiable health information. Among its provisions are standards for
releasing medical information about patients to the media and clergy.
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What kind of organizations, specifically, are subject to the HIPAA
guidelines?
All health care providers, including hospitals, physicians,
emergency medical or ambulance personnel who transmit protected health
information in electronic form in connection with certain administrative and
financial transactions are subject to the requirements of the rule. Police,
firefighters and family members are not considered covered entities under
HIPAA.
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How does HIPAA affect the media?
HIPAA's privacy standards place new limitations on hospitals’
ability to release information about patients to the media. This may represent a
significant change over previous practices in obtaining patient condition
reports and accessing patients for interviews.
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How did HIPAA change the way medical providers release patient
information to the media?
Under HIPAA regulations, BayCare hospitals will maintain a
directory of patients who have given their consent for release of certain
personal health information. Patients have the right to object to or restrict
the use or disclosure of information contained in the directory. If a patient
does not object to this information being included in a hospital directory, a
reporter asking for the patient by name can be privy to the general condition of
the patient. If media does not ask for the patient by name, no individual
identifiable information about the patient may be disclosed.
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If
a patient has been given the opportunity but has chosen not to restrict their
information, what kinds of condition information may be disclosed?
If HIPAA privacy standards are met, general-condition
information may be provided that does not communicate specific information about
the individual. BayCare Health System adheres to The American Hospital
Association’s recommendations for the following one-word descriptions of a
patient's condition:
Undetermined: Patient awaiting physician and
assessment.
Good: Vital signs are stable and within normal limits. Patient
is conscious and comfortable. Indicators are excellent.
Fair: Vital signs are stable and within normal limits. Patient
is conscious but may be uncomfortable. Indicators are favorable.
Serious: Vitals signs may be unstable and not within normal
limits. Patient is acutely ill. Indicators are questionable.
Critical: Vital signs are unstable and not within normal limits.
Patient may be unconscious. Indicators are unfavorable.
Treated and Released: Patient received treatment but was not
admitted.
Treated and Transferred: Received treatment. Transferred to a
different facility. (Although a hospital may disclose that a patient was treated
and released, it may not release information regarding the date of release or
where the patient went upon release without patient authorization.)
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What about patients who are unconscious or otherwise unable to give
advance consent for release of their information?
If patients are unable to speak for themselves, the patient's
health care clinician must give verbal permission to determine if it is in the
patient's best interest to release a one-word condition report to the public
relations staff or AOD for release to the media.
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If
a reporter is covering a traffic accident and calls the hospital asking for
information about the condition of a vehicle's occupants, citing the location of
the accident but not the victims' names, can the hospital provide a condition
report?
No. Information in the directory may be released only if the
media or the public asks for the patient by name and only if the patient has not
objected to or restricted the release of such information. If the patient is
unable to communicate for the purpose of objecting to or restricting the use of
directory information, the patient's health care clinician must give verbal
permission to determine if it is in the patient's best interest to release a
one-word condition report to the public relations staff or AOD for release to
the media.
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What if the reporter asks about the accident victim by name?
If an individual, including a representative of the media, asks
for information about the patient by name, only the general condition may be
released, provided the patient has not objected to or restricted the release of
that information.
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What if a reporter calls with information that is already part of
the public record, such as name or condition of the patient obtained from police
reports?
Members of the media often obtain police reports and other
information about hospital patients. The assumption is frequently made that once
information about a patient is in the public domain, the media are entitled to
any and all information about that individual. This is not accurate. Health care
providers are required to observe the general prohibitions against releasing
patient information found in the HIPAA privacy standards, state statutes or
regulations and the common law, regardless of what information is in the hands
of public agencies or the public in general.
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Can a hospital confirm that a patient has died?
Yes, but only if the person is still in the facility, and only
if the next-of-kin have already been notified. However, a hospital may not
disclose information regarding the date, time, or cause of death.
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Do restrictions on the release of patient information change
if a disaster occurs?
No. However, hospitals may release general information on how
many victims are being treated, along with some general categorical information,
such as how many are children vs. adults, or how many are male vs. female. No
blanket condition will be provided for the group as a whole, and condition
reports are only available on a patient-by-patient basis, provided that the
media has the patient(s)’s name(s) and that these individuals have not
restricted use of their personal health information.
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How does HIPAA apply to minor children?
Minor children (under the age of 18) may have information
released with the consent of a parent or legal guardian, in accordance with the
guidelines listed above.
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