HIPAA and CFR42 in the Emergency Department

Outline:
Section 1: Introduction A. About This Course B. Learning Objectives Section 2: HIPAA, 42 CFR Part 2, and You A. Nellie’s Intent to Help B. PHI and You C. The HIPAA Privacy Rule D. What is “Minimum Necessary”? E. The HIPAA Security Rule F. 42 CFR Part 2: What is Protected? G. How Do You Disclose Information? H. Disclosure with Consent I. Sample Disclosure Form and Statement J. Disclosure without Consent K. Nellie Done Differently L. Summary Section 3: Exchanges with Patients and Their Constituents A. Patient Rights B. Denial of Right to Access C. When a Patient is Denied Access D. Sharing Information with a Patient’s Constituents E. Jerome’s Family is Concerned F. Summary Section 4: Department- and Provider-Related Exchanges A. Sharing Among Providers B. Orally Sharing Information Within Your Department C. Sharing Information in Medical Emergencies D. Common Challenges Faced in Emergency Departments E. Pamela Decides to Disclose F. Summary Section 5: Conclusion A. Summary B. Course Contributors C. Congratulations! D. Resources E. References

Justin Hess, M.S. received his Masters of Science in Industrial/Organizational Psychology from Alliant International University and is currently pursuing his doctorate in the same discipline. He has almost 10 years of experience in working with organizations for the purposes of assessment, selection, training, organizational and leadership development, and project management. In these roles, he has directly hired and developed over 85 internal personnel, while also acting as a liaison and directing projects for over 100 external personnel. In the realm of learning, Justin has taught university courses on talent, staffing, and selection, and he has reviewed, managed, or written content for over 400 e-learning courses. Justin is currently the Product Manager for Assessments at Relias. Disclosure: Justin Hess, MS has declared that no conflict of interest, Relevant Financial Relationship or Relevant Non-Financial Relationship exists.

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 declared that no conflict of interest, Relevant Financial Relationship or Relevant Non-Financial Relationship exists.

Tim Rowan holds a Master’s in Education from Loyola University in Chicago, and is the editor and publisher of a weekly newsletter, Home Care Technology Report, a notable source for home care technology news and analysis. Since 1998, he has monitored technology innovation and the industry’s technology vendors, and often advises these vendors about HIPAA regulations for their software systems. Since 1986, Tim has been involved in network design, installation, and training. During this time, he served as IT Director for a Colorado home care agency for five years. Tim continues to work as a consultant, guiding numerous home care agencies through the software selection process. Disclosure: Tim Rowan, M.Ed. has declared that no conflict of interest, Relevant Financial Relationship or Relevant Non-Financial Relationship exists.

Dr. Reist is an Associate Professor (with tenure) in the Department of Psychiatry and Human Behavior at the University of California, Irvine. He also serves as Assistant Dean in the College of Medicine and the Director of Medical Research for the Long Beach Veterans Affairs Healthcare System. Formerly, he served as Chief of Mental Health, overseeing full service mental health care delivery to over 40,000 enrollees at the Long Beach VA Healthcare System. For the past 12 years, he has served as Associate Director of the Southern California VA Mental Illness Research, Education, and Clinical Center (MIRECC), which is focused on improving long-term outcomes in chronic psychotic disorders through basic/clinical research and dissemination of evidence-based practices. Dr. Reist’s clinical interests include schizophrenia, impulsivity, PTSD, pharmacogenomics, and psychopharmacology. NARSAD, NIMH, and VA Medical Research have supported his research. He has served as principal investigator on over 25 clinical trials in areas including schizophrenia, depression, bipolar disorder and impulsivity. He is a member of professional societies, including the American Psychiatric Association, Pacific Rim Association for Clinical Pharmacogenetics, and the Society of Biological Psychiatry. He is a Distinguished Fellow of the Psychiatric Association, has been recognized as an Exemplary Psychiatrist by the National Alliance for the Mentally Ill, and is included in Best Doctors 2007-2010. He is the author of two books, Psychiatry and Psychiatric Drugs, which have been widely used by trainees for the past 15 years. He has over 50 scientific articles that have been published in high-impact journals, including Molecular Psychiatry, Biological Psychiatry, Journal of Clinical Psychiatry, American Journal of Psychiatry, and Nature Biotechnology. Lastly, he has extensive experience in psychiatric education that include organizing CME conferences and developing web content that provide information on psychiatric disorders and treatment. Disclosure: Christopher Reist, MD, MBA discloses the following potential conflict of interests/commercial interests: Relevant Financial Relationship with Alkermes as Grant/Research Support