HIPAA and Law Enforcement: Learning Team B: Marc Babineau, Brenda Balderrama, Stephanie Egleston, & Dianna Kirkland
HIPAA is an acronym for the Health Insurance Portability & Accountability Act, Public Law 104-191, which amended the Internal Revenue Service Code of 1986. Also known as the Kennedy-Kassebaum Act, the Act includes a section, Title II, entitled Administrative Simplification, requiring: Improved efficiency in healthcare delivery by standardizing electronic data interchange, and Protection of confidentiality and security of health data through setting and enforcing standards. More specifically, HIPAA called upon the Department of Health and Human Services (HHS) to publish new rules that will ensure: Standardization of electronic patient health, administrative and financial data Unique health identifiers for individuals, employers, health plans and health care providers Security standards protecting the confidentiality and integrity of "individually identifiable health information," past, present or future.
The primacy of privacy and confidentiality has been a tenet of America for years. The nature of our work is sensitive and the backlash of violating privacy can be devastating. The U.S. Congress recognized the importance of privacy concerning medical records and enacted the Health Insurance Portability and Accountability Act of 1996 (HIPPA).The HIPAA act has changed the way hospitals are permitted to release and communicate patient information to law enforcement agents. The privacy regulations establish that personal health information must be kept confidential.
Hospitals and law enforcement officers must interact in a way that does not violate the new federal health information privacy regulations. Law enforcement agents, prosecutors, and judges interact with one another on a daily basis due to the nature of their work. There are a few areas in which criminal justice personnel should be familiar with: hospital release of patient information to law enforcement officers; hospital release of information with special protection including communicable diseases, mental health issues, and alcohol and drug abuse treatment information; law enforcement officer presence in hospitals; hospital release of patient property to law enforcement officers: and hospital release of blood and bodily fluid samples. The HIPAA regulations are important in regards to the privacy of the patient and the legalities of criminal or civil cases. The information provided has been developed for guidance and is based on state and federal laws which may change from time to timeHospitals and law enforcement officers must interact in a way that does not violate the new federal health information privacy regulations. Law enforcement agents, prosecutors, and judges interact with one another on a daily basis due to the nature of their work. There are a few areas in which criminal justice personnel should be familiar with: hospital release of patient information to law enforcement officers; hospital release of information with special protection including communicable diseases, mental health issues, and alcohol and drug abuse treatment information; law enforcement officer presence in hospitals; hospital release of patient property to law enforcement officers: and hospital release of blood and bodily fluid samples. The HIPAA regulations are important in regards to the privacy of the patient and the legalities of criminal or civil cases. The information provided has been developed for guidance and is based on state and federal laws which may change from time to time
The HIPAA rules on hospitals releasing patient information is complicated although the release of property not as complicated. Hospitals, in most cases, require proper documentation such as courts orders, search warrants, or patient permission. If the officer has the required certification they are able request records concerning abuse or in cases of violent crimes. Other exceptions to proper documentation would be in the commission of a crime, relevant to a crime committed on the hospital premises, or preventing serious harm from occurring. In cases of inmates and the safety of other inmates of correctional employees release is often times allowed. HIPAA also allows the release of private information in cases of national security purposes. Property being released often requires proper documentation except plain view and if the patient is under arrest. A bullet retrieved from a patient can be released to the officer without any warrants being provided.
Sensitive information about communicable diseases requires patient authorization, a law authorizing the release or proper documentation such as a court order or search warrant. Mental health information requires patient’s signature or a court order as well unless the individual is sexually violent then the release of information may be disclosed varying from state to state. The requirements for release of information concerning alcohol or drug treatment if there is a court order, patient signature or the individual is a threat.
Law enforcement officers are often present at the hospital due to the nature of their job. They are allowed in hospitals as security personnel or to prevent a suspect from leaving. The law requires they do not disclose any information seen or heard while in the hospital. Asking for interviews or photographs is permitted but the medical care of the individual is priority and the officer should not interfere with the medical care.
The policies for HIPAA are effective and adequate but not every department claims to know HIPAA policies The HIPAA policies trump state policies and each department needs to educate their employees of the regulations and penalties for non compliance.
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