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Frequently Asked Questions: Confidentiality

Author: AHIMA Staff

Source: AHIMA Q and A

Publication Date: October 2002


How and Where Can I Obtain Copies of My State's Disclosure Laws?

My Physician Passed Away, and I'd Like to Know Where I Can Locate the Medical Records Originated at His/Her Office.

I Need to Locate Immunization Records for College and Am Unable to Locate My Physician. Wh....

Web FAQ

Author: AHIMA Professional Practice Team

Source: AHIMA Q and A

Publication Date: October 2002

Who can authorize the release of patient health information on behalf of a deceased patient?
The individual authorized to consent to the release of patient health information on behalf of a deceased patient varies by state.
Usually, the personal representative of a deceased patient (execu....

Web FAQ

Author: AHIMA Professional Practice Team

Source: AHIMA Q and A

Publication Date: October 2002


If the deceased patient had a sexually transmitted disease (STD) such as HIV, are the standards for release of information more rigid?
The release of patient records containing evidence of sexually transmitted disease is governed by state law. In the absence of state law to the contrary,....

Web FAQ

Author: AHIMA Professional Practice Team

Source: AHIMA Q and A

Publication Date: October 2002


Is the authority to consent to the disclosure of patient information different when it identifies the deceased as an alcohol or drug abuser?
The Confidentiality of Alcohol and Drug Abuse Patient Records regulation (42 CFR 2) applies to patient drug or alcohol abuse information obtained by....

Web FAQ

Author: AHIMA Professional Practice Team

Source: AHIMA Q and A

Publication Date: October 2002

How should we handle requests for birth information by adoptees?
Adoption is a statutory procedure governed entirely by state law.1 Although birth records are sealed, most states allow adoptees to get information about their birth parents but prohibit access to data that could be used to ident....

Mind Your Business Associate Access: Six Steps

Author: Sullivan, Tori E.

Source: Journal of AHIMA

Publication Date: October 2002


It's April 10, 2003, and a privacy officer is reviewing her policies for the imminent privacy regulations, title II of the Health Insurance Portability and Accountability Act (HIPAA) of 1996. The compliance deadline is April 13, 2003, and she is already feeling stressed about meeting the date.....

Creating Privacy Rule Implementation Efficiency

Author: Hughes, Gwen

Source: Journal of AHIMA

Publication Date: October 2002


Many HIM professionals will be called upon to perform an extraordinary feat during the next six months. They will be asked to bring one or more organizations into compliance with the HIPAA privacy rule by April 14, 2003. While this task is challenging in organizations that began such efforts a....

Privacy's Day in Court

Author: Gradle, Brian D.

Source: Journal of AHIMA

Publication Date: September 2002


While HIM professionals work to implement HIPAA, courts across the nation continue to hear cases that could affect this work. Namely, these are cases related to state privacy laws.


HIPAA's "preemption" framework provides that state laws that are not contrary to HIPAA or that p....

Journal Q&A (9/02)

Author: AHIMA Professional Practice Team

Source: AHIMA Q and A

Publication Date: September 02, 2002


Q: A developmentally disabled adult was recently admitted to our hospital. The patient was accompanied by his older sister. The sister indicated her brother could not write but that he could draw an "X." Because the patient doesn't have a court-appointed guardian and his parents are deceased,....

Journal Q&A (7/02)

Author: AHIMA Professional Practice Team

Source: AHIMA Q and A

Publication Date: July 02, 2002


Q: I have requested the immunization records from a patient’s former healthcare provider with the patient’s written permission. The former healthcare provider refuses to send the immunization records because the patient has a balance on the account. Is this legal?


A:....

Simple Steps to Tracking Disclosures

Author: Hughes, Gwen

Source: Journal of AHIMA

Publication Date: July 2002


The many exceptions to the HIPAA privacy rule’s accounting of disclosures standard make it difficult to determine what must be tracked. Although the rule gives patients the right to receive an accounting of disclosures of their health information, it lists several exceptions. This article....

Journal Q&A (7/02)

Author: AHIMA Professional Practice Team

Source: AHIMA Q and A

Publication Date: July 02, 2002


Q: I work in a clinic setting. An attorney has requested copies of a patient’s entire record. The record includes reports dictated by one of the clinic physicians at a local hospital during the patient’s hospitalization. The attorney has the patient’s permission. Are we allowed....

On the Line: Professional Practice Solutions

Author: Burrington-Brown, Jill

Source: Journal of AHIMA

Publication Date: July 2002


Q: I work in a clinic setting. An attorney has requested copies of a patient's entire record. The record includes reports dictated by one of the clinic physicians at a local hospital during the patient's hospitalization. The attorney has the patient's permission. Are we allowed under HIPAA to....

Journal Q&A (6/02)

Author: AHIMA Staff

Source: AHIMA Q and A

Publication Date: June 02, 2002

Q: Our facility is developing our notice of privacy practices under HIPAA. We need to decide how we will communicate with individuals when we make changes to our notice. What are the acceptable methods for communicating with our patient population? Do we have to send a paper copy to everyone whose....

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