1 HIPAA POLICY REGARDING USE AND DISCLOSURE OF PHI by pharmphresh33

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									     HIPAA POLICY REGARDING USE AND DISCLOSURE OF PHI FOR
               WORKERS’ COMPENSATION PURPOSES

SCOPE OF POLICY:

What Units are Covered by this Policy? This policy applies to the following
units of Emory University: School of Medicine; School of Nursing; School of
Public Health; Yerkes National Primate Research Center; Student Health
Service; Psychological Center; University Counseling Center; and Oxford College
Student Health and Counseling Center. All of these units are collectively referred
to in this policy as “Emory Covered Component.”

What Personnel Are Covered by this Policy? This policy applies to health
care providers, clinical and other researchers, and all employees who assist
these providers and researchers in performing tasks related to health care,
clinical research or other research that utilizes Individually Identifiable Health
Information.

PURPOSE OF POLICY:

The purpose of this Policy is to set forth the standards per which a patient’s or
subject’s (the “Individual”) protected health information (PHI) may be disclosed
for purposes of complying with laws concerning workers’ compensation.

DEFINITIONS:

Health Information. Any information, whether oral or recorded in any form, that
is created or received by the Emory Covered Component that relates to an
Individual’s past, present, or future physical or mental health, or to the payment
for such health care.

Individually Identifiable Health Information: Health Information, including
                                                              ith
demographic information, that identifies an Individual or w respect to which
there is a reasonable basis to believe that the information can be used to identify
an Individual.

Protected Health Information (PHI): Individually Identifiable Health Information
that is transmitted by electronic media, or transmitted or maintained in any other
form or medium.




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POLICY:

   (1) The Emory Covered Component may disclose an Individual’s PHI without
       his/her authorization to workers’ compensation and similar programs that
       are established by law to provide benefits for work-related injuries or
       illnesses without regard to fault; provided, however, that the extent of the
       disclosure is limited to only the type and amount of PHI that must be
       disclosed in order to comply with the applicable laws.

APPLICABILITY OF MINIMUM NECESSARY AND ACCOUNTING RULES:

Minimum Necessary Rule – The Emory Covered Component should only
disclose the type and amount of PHI that is required to be disclosed per the
applicable workers’ compensation laws.

Accounting Rule – Unless the Individual specifically authorizes a particular
disclosure or unless the disclosure is for the Emory Covered Component’s
treatment, payment or health care operations purposes, the Emory Covered
Component must document any disclosures of PHI that are made and the
Individual may request an accounting of these disclosures. The Emory Covered
Component must keep this documentation for six years after the disclosure.

REFERENCE: 45 CFR §164.512(k).

Date of Policy: April 14, 2003.




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