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accessing information while hospitals differ in their procedures for releasing information to law enforcement the following things are generally consistent across facilities because of hipaa hospitals have designated privacy officers who are available to assist with requests for information often privacy officers are the best starting point for a situation where law enforcement requires access to protected health information this is especially true if the request is not a routine one hospital staff including frontline patient care staff have received training about disclosure of protected health information under hipaa when considering whether to release protected health information hospital staff will follow their training on the law and act in the best interests of the patient unfortunately the law can be very confusing depending on the circumstances of the request for information hospital staff may need to consult with the designated privacy officer or other designated person for ad
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a blunt force injury that the law enforcement authority making the request states is reasonably believed to have resulted from a criminal act a hospital is permitted to disclose information to law enforcement authorities about patients being treated for these injuries only if a request is made a hospital may not notify law enforcement authorities when a patient presents with these injuries unless another reporting obligation exists or another exception applies.14 where a request is properly made the following information must be disclosed if known to the federal state or local law enforcement authorities making the request name of the patient patient s residence patient s sex patient s age patient s condition patient s diagnosis or extent and location of injuries as determined by a health care provider whether the patient was conscious when admitted name of the health care provider making the determination with respect to the patient s condition diagnosis and extent and location of inj
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public authority and the information disclosed is limited to the name address age gender and type of injury.25 see section iii for a description of disclosures required in response to a request for information about a patient with a specific injury see section iv for a description of disclosures allowed in order to avoid or minimize an imminent danger see section vi for a description of disclosures allowed as a followup to patients brought or caused to be brought to the hospital by certain authorities note that hospitals disclosing to avoid or minimize an imminent danger must only provide the minimum information necessary to prevent the harm violent crime or escape from correctional institution hipaa and state law must be read together to understand how washington hospitals may disclose protected health information relating to identification or apprehension of an individual if the provider believes in good faith that the disclosure is necessary for law enforcement authorities to ident
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the disclosure may be made if the physician reasonably believes that the disclosure will avoid or minimize an imminent danger to the victims at the location of the crime the disclosure appears necessary to alert law enforcement to the commission and nature of the crime the location of such crime or the victims and the identity description and location of the perpetrator see section iv the disclosure should include only the minimum amount of protected health information necessary to assist law enforcement officers with their official duties vi follow-up to patients brought to the hospital by authorities for patients brought or caused to be brought to the hospital by fire police sheriff or other public authority hospitals may provide certain information to the authorities.31 because both state32 and federal law33 have limitations on what may be disclosed the two provisions must be read together to establish what the hospital can provide to law enforcement when releasing information as a
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treatment records note that items removed or identified while the patient is under the physical control of a police officer may be taken by the police officer as evidence additional considerations for hospitals in this area include minimizing the number of people who have custody of the physical item in order to reduce the number of people who must testify in court as to the chain of custody of the piece of evidence in order to further minimize the chain of custody problem hospitals also may consider providing the evidence directly to law enforcement authorities even if the identity of the person who possessed the evidence cannot be disclosed in such cases the items can be tracked by a number hospitals also should crossreference such items with any pending search warrants to determine whether not only the item but also the identity of the person that possessed the item can be disclosed to law enforcement example police arrive in the emergency department with a person suspected of a sho
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health information may be sought from a health care provider and includes notice requirements for both the health care provider and patient involved and an opportunity to seek a protective order to prevent disclosure.60 patientrequested accountings of disclosures ordinarily a hospital must comply with a patient s request for an accounting of disclosures made of his or her protected health information.61 however the hospital or health care provider must temporarily suspend an accounting of disclosures made to a law enforcement official for the time specified by such official if the official provides the hospital with a written statement that such an accounting would be reasonably likely to impede the agency s activities and specifying the time for which a suspension is required.62 subpoenas issued by a federal grand jury or by a washington special inquiry judge that state that the recipient may not disclose the receipt of the subpoena would constitute a written statement suspending the
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xiii disclosure of protected health information concerning minors hipaa addresses disclosure of protected health information for both emancipated and unemancipated minors.69 while hipaa does not define these terms washington state law provides some guidance as to their meaning generally a person under the age of 18 is a minor.70 emancipated minors for purposes of disclosure of protected health information to law enforcement emancipated minors are treated the same as adults in order for disclosure of protected health information to law enforcement to occur the emancipated minor must authorize the disclosure or the disclosure must fit an exception of the type described in this guide under washington state law a minor of at least 16 years of age and residing in washington can petition for emancipation status from a court under rcw 13.64.010 emancipation status includes the right to consent to health care hospitals generally require documentation of emancipation status71 before treating a
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does not require more than basic first aid a report must still be made to both the department and law enforcement if certain criteria are met.89 although there is no requirement to disclose the patient s full medical record when a report is made reporters must provide all information that may be helpful in establishing the extent of abuse.90 each report oral or written must contain as much as possible of the following information a the name and address of the person making the report b the name and address of the vulnerable adult and the name of the facility or agency providing care for the vulnerable adult c the name and address of the legal guardian or alternate decision maker d the nature and extent of the abandonment abuse financial exploitation neglect or self neglect e any history of previous abandonment abuse financial exploitation neglect or self neglect f the identity of the alleged perpetrator if known and g other information that may be helpful in establishing the extent of
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sample form a model patient authorization for release of protected health information to law enforcement agency is located on the following page the form is based on a form initially prepared by harborview medical center and the seattle police department 34
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