Hipaa

[SBillock]

What is the name of your state (only U.S. law)? MICHIGAN

I work for a group of emergency room physicians. I am seeking documantation as to whether or not we, as sub contactors of the hospital (not paid employees of the hospital), are covered under the release of information clause/paragraph that is included on the conscent to treatment form that is signed by the patient if the paragraph only lists the name of the hospital.

 

[ecmst12]

An attorney would have to read the document to form an opinion about that.

 

[SBillock]

That is what I have discovered and what we are going to do. Thanks for your response.

 

[SBillock]

Point of Interest...

Just a point of interest on this subject:

In 2002 there was a change to Hipaa and it now states the conscent for release of PHI for the purpose of treatment, payment, or health operations is no longer mandatory.

 

[ecmst12]

Actually HIPAA was ALWAYS written that way, I think the clarification was made because it was being misinterpreted so frequently.

 

[lkc15507]

Actually, I think the answer may still lie in HIPAA. Your post mentions being a subcontractor, but not the capacity of your work. I suspect that if you are a "covered entity" (voluminuous regulations on this) and / or party to treatment, payment, or health care operations, the consent would apply. But, if you are installing toilets in the new wing, I would have a little pause. Not trying to be crude, but you get my gist. lkc15507

 

[ecmst12]

A maintenence worker would have no contact with PHI and have no reason or need to get any kind of consent from anyone!