HPSO (Healthcare Providers Service Organization) Risk Management section brings to our attention the “myths” that currently exists about HIPAA. HPSO advises that “in fact” there has not been any legal enforcement outcomes set by case law precedence for the HIPAA regulations.
Do you recognize these?
- You may not discuss a patient’s condition or care with a family member.
- Your patient data cannot be released without a patient’s authorization
- Your injured worker must sign the HIPAA Notice of Privacy Practices.
Understanding where these myths and misrepresentations are generated from may help you overcome this challenging task of an adjuster/case manager.
- The HIPAA act specifically addresses in 45 CFR 164.510(b) that a healthcare provider can give information to a spouse, family member, friends, or other persons identified by a patient, those involved in the patient care, or payment for healthcare:
- If the patient agrees or does not object.
- If the provider can “reasonably” infer, based on professional judgment the patient does not object.
- If the provider can “reasonably” infer, based on professional judgment the patient does not object.
- You must make a “good faith effort” to obtain the written acknowledgment of the “(HIPAA) Receipt of Notice. Document your efforts if you were not successful.
Author: Deborah Goza, MS, RN, COHNS, CCM
Editor: Lisa Perry