Scenario
As the supervisor of Release of Information, you are asked to review portions of the LiveWell Business Associate Agreement (BAA) by Becky, the new legal team assistant. The legal team has a variety of issues and questions about the Release of Information processes at LiveWell, and you have been working with them over the last three weeks to answer a variety of questions raised by Becky. This week Becky sent you the termination process from the BAA for your review, and she noted questions on it for you. Your review and responses assist the legal team in making modifications to the BAA and helps Becky better understand processes related to the Release of Information function in HIM.
Instructions
Review the questions, notes, and instructions on the three issues related to the release of information in the content provided by the legal team.
Organize your three issue responses in a table and label the issues accordingly. Include an APA reference page with the resources you used.
HIM4966 m2 Resource.docx
Issue One: Research the reason healthcare can use PHI for administrative and legal purposes. Identify the specific regulation that allows for this, using government website resources (with a .gov extension). Describe your response to this question in your own words. Be sure to support your writing with citations from the .gov sources.
Issue Two: Research government website resources (with a .gov extension) to identity allowable disclosures that do not require a patients consent. Then, in your own words, evaluate what releases are allowed and why they are allowed. Be sure to support your writing with citations from the .gov sources.
Issue Three: Research the special protections and securities afforded substance abuse records. Use government website resources (with a .gov extension) to explain, in your own words, additional and/or special steps needed for release. Be sure to support your writing with citations from the .gov sources.
Sample Answer
Sample Answer
Responses to Legal Team Issues on Release of Information
Issue One: Use of PHI for Administrative and Legal Purposes
Response: The healthcare industry is permitted to use Protected Health Information (PHI) for administrative and legal purposes under the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. According to the U.S. Department of Health & Human Services (HHS), the HIPAA Privacy Rule allows covered entities to disclose PHI without patient authorization for purposes such as treatment, payment, and healthcare operations. This regulation ensures that necessary information can be shared within the healthcare system to facilitate efficient care delivery and administrative processes (U.S. Department of Health & Human Services, n.d.).
Issue Two: Allowable Disclosures without Patient Consent
Response: Government website resources, such as those provided by the HHS, outline specific instances where healthcare providers can disclose PHI without patient consent. Permitted disclosures include sharing information for public health activities, law enforcement purposes, and activities related to oversight of the healthcare system. These disclosures are allowed to protect public health, ensure compliance with legal requirements, and safeguard the integrity of healthcare operations. By allowing certain disclosures without patient consent, the healthcare system can effectively respond to emergencies and fulfill its obligations to society (U.S. Department of Health & Human Services, n.d.).
Issue Three: Special Protections for Substance Abuse Records
Response: Substance abuse records are granted special protections under the regulations outlined in the Substance Abuse and Mental Health Services Administration (SAMHSA) Confidentiality of Substance Use Disorder Patient Records regulations. These regulations, commonly known as 42 CFR Part 2, require additional steps for the release of substance abuse records beyond those typically associated with general PHI. Special consent requirements and strict limitations on disclosure are mandated to protect the confidentiality of individuals seeking treatment for substance use disorders. Compliance with 42 CFR Part 2 is crucial to safeguarding the privacy and dignity of individuals receiving substance abuse treatment (Substance Abuse and Mental Health Services Administration, n.d.).
APA Reference Page
– U.S. Department of Health & Human Services. (n.d.). Summary of the HIPAA Privacy Rule. Retrieved from https://www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/index.html
– Substance Abuse and Mental Health Services Administration. (n.d.). 42 CFR Part 2 – Confidentiality of Substance Use Disorder Patient Records. Retrieved from https://www.samhsa.gov/about-us/who-we-are/laws-regulations/confidentiality-regulations-faqs
