HIPAA and CFR42 in the Emergency Department

HIPAA and CFR42 in the Emergency Department 

In an emergency department, information often flows amongst providers and patients quickly and as a result of urgent, sometimes life-threatening, situations. Due to the volume of information being shared, as well as the need for it to be shared quickly and accurately, emergency department providers must be especially careful to safeguard patient information. In this course, you will learn the basics of the Health Insurance Portability and Accountability Act (HIPAA) and 42 CFR Part 2. While an overview of each law will be discussed, you will learn of specific information that you can and cannot share, how to share information appropriately, and what information you may not be able to access. Lastly, you will be presented with a few practical approaches for acquiring the information you need in a timely and efficient manner. The content in this course is based on information from HIPAA (US Department of Health and Human Services [USDHHS], 2014) and 42 CFR Part 2 (United States Department of Health & Human Services, Confidentiality of Substance Use Disorder Patient Records, 2017). If you wish to view the law in its entirety, please see the References section at the end of the course. This course is intended for all emergency department personnel and providers. Please note that this course focuses on federal law. However, every state has its own privacy and confidentiality laws, and it is your responsibility to know your state’s laws and regulations. Furthermore, this course is not intended as legal advice for any individual provider or situation. If you need more comprehensive information, please review the resources listed at the end of this course and consult with your organization’s legal and compliance team.


Hours: 0.75


Certificates provided by accrediting body (0 Match)

Course Details

Course Code: REL-PI-0-P25
Hours: 0.75
Type: Online Course
Content Expiration Date: 4/30/2021
Learning Objectives:
Identify information sharing standards under HIPAA and 42 CFR Part 2.
Discuss the concept of consent and when you must obtain it to share or receive information.
Recognize the types of information that may not be available to you.
Disclose and acquire necessary information while maintaining compliance.

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

Staff Writer: Justin Hess, MS
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.
Instructor: Amanda C Richards, MA, LPCC, LADC, MAC
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.
Instructor: Tim Rowan, M.Ed.
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.
Expert Reviewer: Christopher Reist, MD, MBA
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
Target Audience:
The target audience for this course is: Entry level Physicians; Nurses; in the following settings: Acute Care Facility.
Relias will be transparent in disclosing if any commercial support, sponsorship or co-providership is present prior to the learner completing the course.
Course Delivery Method and Format
Asynchronous/Online Distance Learning; please see certificate details for specifics on delivery format.
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All characteristics and organizations referenced in the following training are fictional. Any resemblance to any actual organizations or persons living or dead, is purely coincidental.
To earn continuing education credit for this course you must achieve a passing score of 80% on the post-test and complete the course evaluation.
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