Emergency Department: HIPAA and CFR42

Outline:

Section 1: Introduction

About This Course

Learning Objectives

Section 2: HIPAA, 42 CFR Part 2, and You

Nellie’s Intent to Help

PHI and You

The HIPAA Privacy Rule

What is “Minimum Necessary”?

The HIPAA Security Rule

42 CFR Part 2: What is Protected?

How Do You Disclose Information?

Disclosure with Consent

Sample Disclosure Form and Statement

Disclosure without Consent

Review: Nellie Done Differently

Summary

Section 3: Exchanges with Patients and Their Constituents

Patient Rights

Denial of Right to Access

When a Patient is Denied Access

Sharing Information with a Patient’s Constituents

Jerome’s Family is Concerned

Review

Summary

Section 4: Department- and Provider-Related Exchanges

Sharing Among Providers

Orally Sharing Information Within Your Department

Sharing Information in Medical Emergencies

Common Challenges Faced in Emergency Departments

Filing a Complaint

Pamela Decides to Disclose

Summary

Section 5: Clinical Vignette

Risk Assessment

Section 6: Conclusion

Course Summary

Course Contributors

Resources

References

Amanda Richards, MA, LPCC, LADC, MAC brings over 30 years’ experience as a counselor, creative arts therapist, educator, and trainer in the treatment of substance use disorders and co-occurring mental health challenges with adolescents, adults, and seniors in prevention, assessment, treatment, and continuing care. She is also Community Faculty in the Alcohol and Drug Counseling Program at Metropolitan State University, St. Paul, Minnesota where she teaches about professional ethics and confidentiality in addition to other counseling-related subjects. Before moving into consulting, Amanda served at the director level for mental health and substance use disorder programs, where she developed policies and procedures, trained volunteers and professional staff, and served as the Compliance Officer for HIPAA; 42 CFR, Part 2; and other regulatory and accreditation-related requirements. Amanda is a member of NAADAC, the Minnesota Association for Addiction Professionals, the American Counseling Association, Minnesota Counseling Association (Ethics chair), and is on the Board of Rainbow Health Initiative. Disclosure: Amanda C Richards, MA, LPCC, LADC, MAC has no Relevant Financial or Non-Financial Relationship with ineligible companies to disclose.

Monica Caicedo Orellana, MS, RN, OCN, is an SME writer for Relias with over 16 years of acute care experience in nursing. She is licensed as a professional registered nurse in the State of New York. She obtained her OCN certification in 2008. She has served in several leadership roles in the acute care setting, within the Medical Surgical Division, mentoring nurses in renal and oncology specialties, and the role of nurse educator. She has been involved in various institutional committees and quality improvement projects. Monica earned a master’s degree in nursing education from New York University Rory Meyers College of Nursing.

Disclosure: Monica Caicedo Orellana, MS, RN, OCN, CNE has no Relevant Financial or Non-Financial Relationship with ineligible companies to disclose.