Successfully reported this slideshow.
We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads. You can change your ad preferences anytime.

HIPAA Law

449 views

Published on

This Georgia Child Welfare Legal Academy explores HIPAA law and how it affects children in foster care.

Published in: Law
  • Be the first to comment

  • Be the first to like this

HIPAA Law

  1. 1. Navigating HIPAA Georgia Child Welfare Legal Academy Midtown Proscenium, Suite 2200 1170 Peachtree Street NE Atlanta, GA 30309-7200 678-347-2200 phone HIPAA – What Is It And Why Do We Care? Peggy Brockington - mmb@sbllaw.net Bryan Tyson - bpt@sbllaw.net
  2. 2. What is HIPAA?  Health Insurance Portability and Accountability Act of 1996  HIPAA Privacy Rule Effective on April 14, 2001, implemented on April 14, 2003.  Protected Health Information (PHI)  You own your own information  Identifiable medical information  Covered Entities  Healthcare providers  Business Associates
  3. 3. How Does It Affect Us?  Interaction with Other Laws  FERPA (education records)  State confidentiality rules (O.C.G.A. § 49-5-40)  Who Is and Isn’t Covered?  Court v. DFCS v. child advocates  Liability for Release of PHI  Covered v. Noncovered  DFCS
  4. 4. How Do You Get PHI?  May Disclose  Abuse, neglect or domestic violence  Court Orders  Discovery  “Minimum Necessary” Disclosure  Covered Entity is allowed to rely on public official’s determination of what is minimum necessary
  5. 5. How Do We Make It Work?  Court Order  Standing protective order  Subpoena  Notification of guardian  Protective order  Authorization  Signed by guardian  Guardian Ad Litem  Access to PHI without separate authorization
  6. 6. Questions

×