American Red Cross and Hipaa

FancypantsRN · Dec 7, 2011

I have not had a phone call like this. If the pt was able to talk, I would have asked the pt if they wanted to speak to this person - problem solved.

If not, I would have told them no more than anybody else who called.

sunnynurse36 · Dec 7, 2011

This is the norm for the Red Cross, military families cant just call the service member if they are deployed. The red cross has to send a report to the base commander and then they have to find the soldier, who can be on a mission, were there is no phones or internet. They ask if the soldier needs to come home since it can still take a few days to find a flight back to the states.

EmergencyNrse · Dec 7, 2011

Send the request up...

If the patient can't authorize you giving information

then pass the call off to a supervisor.

I don't give out ANY information anymore.

NurseBatzy · Dec 7, 2011

Thank you all for your replies. After some quick googling (yeah, it's a verb now) I found this:

For Health Care Practitioners!

HIPAA Exemption for American Red Cross

The American Red Cross is charged with providing emergency communication services for military families and servicemen and women in the line of duty. With many emergency messages involving health issues (deaths, births, surgeries, etc), we need to verify a patient's condition, cause of illness/death and obtain a "Doctor's Information Statement" including condition, prognosis, life expectancy, and diagnosis. This information can be obtained from any medical personnel involved in the care of a patient (doctor, nurse, or office manager). This information is vital to the sending of an emergency message by the American Red Cross. In any case we are working on, the information we gather is strictly used only for the purpose of sending an emergency communication and is kept confidential otherwise.

Recognizing such, the Department of Health and Human Services created an exemption to the HIPAA regulations allowing doctors, or their representative, to share information about a patient with the American Red Cross for the purposes of providing emergency communications. This exemption is provided under 45 CFR 164.510(b)(1)(ii) and 45 CFR 164.510(b)(3). This information is also provided on the H&HS website at http://answers.hhs.gov.

The exemption reads as follows:

The HIPAA Privacy Rule permits a covered doctor or hospital to disclose protected health information to a person or entity that will assist in notifying a patient's family member of the patient's location, general condition, or death. See 45 CFR 164.510(b)(1)(ii). The patient's written authorization is not required to make disclosures to notify, identify, or locate the patient's family members, his or her personal representatives, or other persons responsible for the patient's care. Rather, where the patient is present, or is otherwise available prior to the disclosure, and has capacity to make health care decisions, the covered entity may disclose protected health information for notification purposes if the patient agrees or, when given the opportunity, does not object. The covered entity may also make the disclosure if it can reasonably infer from the circumstances, based on professional judgment that the patient does not object. See 45 CFR 164.510(b)(2).

Even when the patient is not present or it is impracticable because of emergency or incapacity to ask the patient about notifying someone, a covered entity can still disclose a patient's location, general condition, or death for notification purposes when, in exercising professional judgment, it determines that doing so would be in the best interest of the patient. See 45 CFR 164.510(b)(3).

Under these circumstances, for example, a doctor may share information about a patient's condition with the American Red Cross for the Red Cross to provide emergency communications services for members of the U.S. military, such as notifying service members of family illness or death, including verifying such illnesses for emergency leave requests.

I still feel a little strange about giving out this info on the phone, however. I think you are all correct, next time let the supervisor deal with it.

wooh, BSN, RN · Dec 7, 2011

I've gotten the call a few times. And I've given the info. If you're uncomfortable though, transfer them to charge or supervisor.

ckh23, BSN, RN · Dec 7, 2011

As you have found out, there are exemptions to HIPAA and information can and will be released in certain situations. Public health issues are also another area you will find exemptions to HIPAA.

As someone else mentioned, if it makes you uncomfortable than kick it up the chain of command, but please don't give these people the run around. The American Red Cross is the only way to contact a deployed soldier that has no access to phone or internet. They are also the only ones that can help get this person home to be with a dying loved one.

mazy · Dec 7, 2011

I work for the Red Cross and we can do access certain types of medical information, as long as there is an authorization from the client or POA authorizing us to do it, at least in regards to following up on a case like that. I work in the disaster end of things, so am not 100% certain of the procedure in a case like yours, but the information needed would be general: is the family member there and should the service member be there. Any questions or concerns can be bounced up to the higher members in administration.

If it is in regard to a disaster, we are required to get a written confidentiality agreement then and there; if we don't get one then we cannot pursue the case, which means we will not be able to provide the client with any medically related services. When we get that consent we can do whatever necessary to follow up, including calling the pharmacy to get a med profile, or the dr., or the hospital, etc.

Although it sounds rather loosely regulated, it isn't, given the hoops people have to jump through to even join the Red Cross; and the fact that no one has the time to follow up on a case where there are no consents in place for medical follow up.

SkaterGurl · Dec 7, 2011

I can tell you, being on the other side not knowing what is going on with a loved one can be extremely stressful. I was in the service overseas and only knew (from a distorted ham-radio relayed call) that my mother was in the hospital. My commanding officer immediately got in touch with the American Red Cross and they moved heaven & earth to find out exactly what was going on. Until I heard that she was ok, I was a nervous wreck and had a hard time performing my duties.

It must be more difficult today, even though communication is better. The military is spread out into areas where there are no radios, cell signals, or anything. Not knowing if your loved one is ok is a horrible thing to go through! You can absolutely melt-down if you aren't informed.

Thanks for posting the info about HIPAA and the Red Cross-I didn't know that either.

Esme12, ASN, BSN, RN · Dec 7, 2011

I ahve gotten this kind of call and yes.....I release information as the Red Cross are the people to move heaven and earth to get a hold of the service member.....and sometimes get them home. First check with your facility as to their policy to handle these things. If you continue to be unsure just give it tot the charge nurse or supervisor.....

ckh23 and skatergirl......Thank You for your service!!!!!! :yeah:

Esme12, ASN, BSN, RN · Dec 7, 2011

Thank you all for your replies. After some quick googling (yeah, it's a verb now) I found this:
For Health Care Practitioners!
HIPAA Exemption for American Red Cross
The American Red Cross is charged with providing emergency communication services for military families and servicemen and women in the line of duty. With many emergency messages involving health issues (deaths, births, surgeries, etc), we need to verify a patient's condition, cause of illness/death and obtain a "Doctor's Information Statement" including condition, prognosis, life expectancy, and diagnosis. This information can be obtained from any medical personnel involved in the care of a patient (doctor, nurse, or office manager). This information is vital to the sending of an emergency message by the American Red Cross. In any case we are working on, the information we gather is strictly used only for the purpose of sending an emergency communication and is kept confidential otherwise.
Recognizing such, the Department of Health and Human Services created an exemption to the HIPAA regulations allowing doctors, or their representative, to share information about a patient with the American Red Cross for the purposes of providing emergency communications. This exemption is provided under 45 CFR 164.510(b)(1)(ii) and 45 CFR 164.510(b)(3). This information is also provided on the H&HS website at http://answers.hhs.gov.
The exemption reads as follows:
The HIPAA Privacy Rule permits a covered doctor or hospital to disclose protected health information to a person or entity that will assist in notifying a patient's family member of the patient's location, general condition, or death. See 45 CFR 164.510(b)(1)(ii). The patient's written authorization is not required to make disclosures to notify, identify, or locate the patient's family members, his or her personal representatives, or other persons responsible for the patient's care. Rather, where the patient is present, or is otherwise available prior to the disclosure, and has capacity to make health care decisions, the covered entity may disclose protected health information for notification purposes if the patient agrees or, when given the opportunity, does not object. The covered entity may also make the disclosure if it can reasonably infer from the circumstances, based on professional judgment that the patient does not object. See 45 CFR 164.510(b)(2).
Even when the patient is not present or it is impracticable because of emergency or incapacity to ask the patient about notifying someone, a covered entity can still disclose a patient's location, general condition, or death for notification purposes when, in exercising professional judgment, it determines that doing so would be in the best interest of the patient. See 45 CFR 164.510(b)(3).
Under these circumstances, for example, a doctor may share information about a patient's condition with the American Red Cross for the Red Cross to provide emergency communications services for members of the U.S. military, such as notifying service members of family illness or death, including verifying such illnesses for emergency leave requests.
I still feel a little strange about giving out this info on the phone, however. I think you are all correct, next time let the supervisor deal with it.

Google and I are best friends....well done!

Dazglue, ADN, BSN, MSN, RN · Dec 7, 2011

I learn something new everday!