4.2.A.2 HIPAA/Privacy: Uses and Disclosures of PHI - Disclosure to Law Enforcement Policy

  • POLICY:

    Lister Healthcare Corporation may, in accordance with the requirements of this policy and procedure, and without the patient's written authorization or oral agreement, use or disclose a patient's protected health information for law enforcement purposes, except that Lister Healthcare Corporation will obtain the patient's oral agreement prior to releasing information about a victim of crime. (164.512f)

    PROCEDURE:

    • Pursuant to Process or as Otherwise Required by Law.
      • Lister Healthcare Corporation may disclose protected health information to a law enforcement official for a law enforcement purpose, if:
        • as required by law, including laws that require the reporting of certain types of wounds or other physical injuries, EXCEPT that:
          • disclosures made pursuant to laws requiring or authorizing reports of child abuse or neglect, or abuse, neglect or domestic violence will be made IN ACCORDANCE WITH Lister Healthcare Corporation's policies and procedures governing these types of releases;
        • or, in compliance with, and as limited by, the relevant requirements of:
          • a court order or court ordered warrant, or a subpoena or summons issued by a judicial officer;
          • a grand jury subpoena; or
          • an administrative request, including an administrative subpoena or summons, a civil investigative demand or similar process authorized under law, provided that (i)the information sought is relevant and material to a legitimate law enforcement inquiry; (ii)the request is specific and limited in scope to the extent reasonably practicable in light of the purpose for which the information is sought; and (iii)de-identified information could not reasonably be used. (164.512f1)
    • For Identification and Location Purposes.
      • Lister Healthcare Corporation may disclose protected health information in response to a law enforcement official's request for the purpose of identifying or locating a suspect, fugitive, material witness, or missing person, provided that the disclosure is limited to the following:
        • name and address
        • date and place of birth
        • social security number
        • ABO blood type and rh factor
        • type of injury
        • date and time of treatment
        • date and time of death, if applicable
        • a description of distinguishing physical characteristics, including height, weight, gender, race, hair and eye color, presence or absence of facial hair (beard or mustache), scars, and tattoos
      • Lister Healthcare Corporation will not disclose information related to a person's DNA or DNA analysis dental records, or typing, samples or analysis of body fluids or tissue. (164.512f2)
    • Victims of Crime - Upon Oral Agreement.
      • Lister Healthcare Corporation may disclose protected health information in response to a law enforcement official's request about a person who is or is suspected to be a victim of a crime, EXCEPT that disclosures made pursuant to laws requiring or authorizing reports of child abuse or neglect, or reports of abuse, neglect or domestic violence, will be made IN ACCORDANCE WITH Lister Healthcare Corporation's policies and procedures governing these types of mandatory disclosures.  Disclosures pursuant to this section may be made if the patient agrees to the disclosure
      • If Lister Healthcare Corporation is unable to obtain the patient's consent due to incapacity or other emergency circumstance, it may disclose the information if:
        • the law enforcement official represents that the information is needed to determine whether a violation of law by a person other than the victim has occurred, and the information is not intended to be used against the victim;
        • the law enforcement official represents that immediate law enforcement activity that depends upon the disclosure would be materially and adversely affected by waiting until the patient is able to agree to the disclosure; and
        • the disclosure is in the best interests of the patient as determined by Lister Healthcare Corporation, in the exercise of professional judgement. (164.512f3)
    • Decedents.
      • Lister Healthcare Corporation may disclose protected health information about a patient who has died to a law enforcement official for the purpose of alerting law enforcement of the patient's death if Lister Healthcare Corporation has a suspicion that the death may have resulted from criminal conduct. (164.512f4)
    • Crime on the Premises.
      • Lister Healthcare Corporation may disclose to a law enforcement official protected health information that Lister Healthcare Corporation believes in good faith constitutes evidence of criminal conduct that occurred on the premises of Lister Healthcare Corporation. (164.512f5)
    • Reporting Crime in Emergencies.
      • Lister Healthcare Corporation may disclose to a law enforcement official protected health information that it obtained in the course of providing emergency health care at a location other than Lister Healthcare Corporation, if the disclosure appears necessary to alert law enforcement to:
        • the commission and nature of a crime;
        • the location of the crime or the victim(s) of the crime;
        • the identity, description and location of the perpetrator of the crime.
      • If the emergency is believed to be the result of abuse, neglect or domestic violence, any disclosure to a law enforcement official for law enforcement purposes will be made in accordance with Lister Healthcare Corporation's policy and procedure governing this type of release. (164.512f6)

    Revised 12/2013

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