Frequently Asked Questions…. …about HIPAA Notice of Privacy Practices and Acknowledgement.

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Presentation transcript:

Frequently Asked Questions…

…about HIPAA

Notice of Privacy Practices and Acknowledgement

Question: When will the privacy form be in use? Answer: The Tulane University medical Group Notice of Privacy Practices was initiated April 14, 2003.

Question: How many times do we have to give a patient a copy of the Notice of Privacy Practices? Answer: The Notice of Privacy Practices is required to be given to the patient one time, at the earliest opportunity during the patient’s interaction with the facility or provider.

Privacy in open or accessible areas

Question: Can physicians’ offices use patient sign-in sheets, or call out the names of patients in their waiting rooms?

Answer: Yes, covered entities such as physicians’ offices may use patient sign-in sheets, or call out patient names in waiting rooms, so long as the information disclosed is appropriately limited. The Privacy Rule explicitly permits certain “incidental disclosures” that occur as a by-product of an otherwise-permitted disclosure. However, these incidental disclosures are permitted only to the extent that the covered entity has applied reasonable and appropriate safeguards and implemented the “minimum necessary” standard, where appropriate.

Question: A clinic customarily places patient charts in the plastic box outside an exam room. It does not want the record left unattended with the patients, and physicians want the record close by for fast review right before they walk into the exam room. Will the Privacy Rule allow the clinic to continue this practice?

Answer: Yes, the HIPAA Privacy Rule permits this practice as long as the clinic takes reasonable and appropriate measures to protect the patient’s privacy. The physician or other health care professionals use the patient charts for treatment purposes. Incidental disclosures to others that might occur as a result of the charts being left in the box are permitted, if the “minimum necessary” and reasonable safeguard requirements are met.

As the purpose of leaving the chart in the box is to provide the physician with access to the medical information relevant to the examination, the minimum necessary requirement would be satisfied. It would be reasonable and appropriate to safeguard the chart by limiting access to certain areas, ensuring that the area is supervised, escorting non-employees in the area, or placing the patient chart in the box with the front cover facing the wall. Covered entities may tailor measures to their particular circumstances.

Release of patient information

Question: Can the Tulane University Medical Group disclose patient information to outside referring physicians and hospitals? Answer: Patient information, such as discharge summary, history and physical, operative report, etc., may be shared with referring physicians for patient care purposes. Information may be shared with referring hospitals when both facilities have a role in providing healthcare to the patient.

Question: Can a person who has the power of attorney sign authorization forms on behalf of the patient? Answer: An individual with power of attorney for healthcare or other legal status is the patient’s representative and legally “stands in the shoes of” the patient, and may authorize use or disclosure of patient information as though he or she was the patient.