HIPPA and Law Enforcement

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I posted this in the middle of another thread, but maybe it deserves a post of its own. My question is this....

If law enforcement calls the ED and asks if we have a specific patient in the department because that vehicle was found in a ditch, or if they call us and ask us to notify them if anyone comes in with injuries conistent with and MVA because there was a hit and run traffic accident - you get the picture - is it a violation of HIPPA to let them know that patient is in the ED?

Where is the line between patient right to privacy and obstruction of justice? Law enforcement tells us that according to this person or that official we are required to inform them of things that they ask us about, but where do I find the real answers? I know I have to report a GSW, but what else is mandatory reporting to LE? I know that child abuse is mandatory reporting to social services, but what else?

Any guidance would be appreciated. :uhoh3:

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Every hospital is required to have a "Privacy Officer" under the HIPAA regulations. The Privacy Officer would be able to best address these questions- policies vary in different hospitals.

Generally, when someone calls for patient information, you are allowed to say whether or not the patient is in the hospital (not the specific unit) and their general condition (i.e. critical, stable). So I believe that when law enforcement calls, you're allowed to tell them that the patient is there.

Hope this helps.

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Specializes in Trauma/ED.

Where I work we are allowed to notify law enforcement that the patient is there and is or is not stable but what we are not allowed to do, and they ask all the time, is notify them when the patient is discharged--this is to prevent them from dropping off arrested patients and leaving. If the patient is to be in custody the officer has to stay with them.

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Follow this link and it should answer your question directly.

http://www.hhs.gov/hipaafaq/permitted/law/505.html

"To respond to a request for PHI for purposes of identifying or locating a suspect, fugitive, material witness or missing person; but the covered entity must limit disclosures of PHI to name and address, date and place of birth, social security number, ABO blood type and rh factor, type of injury, date and time of treatment, date and time of death, and a description of distinguishing physical characteristics. Other information related to the individual's DNA, dental records, body fluid or tissue typing, samples, or analysis cannot be disclosed under this provision, but may be disclosed in response to a court order, warrant, or written administrative request (45 CFR 164.512(f)(2))."

From what I understand your hospital needs to develop a policy on this ASAP but it is not a HIPAA violation to disclose this information. Now it may be an ethical issue--many people feel that notifying law enforcement may keep people from seeking care and breaks the nurse-pt relationship. But on the other side of things, a hospital should not be a safe haven from justice.

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Specializes in Rural Health.

We are required by state law and by policy and procedure to report all assaults, gunshot, knife, animal bites and MVC's that come into our ER. We always ask.....have you notified police and if they say "no", we tell them we are required and we call the police for them.

If the police calls and asks, we tell them...we are required by law to report such a thing to you - so we'll call you if we see them.......

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Backgroung info: I received a complaint from the Dept. of Health Profession from an anonymous person:) :nono: The anonymous person who is my ex-husband and his current wife.

He and I were on good terms and he was having stomache issues he had several procedures (EGD, CT scans etc) He was asking advice about the results given to him and instead of asking about the results before talking with our 3 children(12-16 years old); he told them he had a mass on his pancreas and that the doctors were going to work him up for cancer. You can imagine what the children were feeling...

He came to my work and asked me to look up the result of the test and explain them; also present was another nurse and a doctor.

In retaliation for making him accountable for the very deliquent child support(3 years), in Dec. 06 a certified letter with this exact complaint as a threat was sent to me and nothing happened. I informed my boss and attorney at work of the threat.

The child support enforcement is coming down on him so this time he actually filed the complaint as an anomymous person. The handwritten portion is his new wife and the typed portion is his original complaint. It is a disappointment to have to defend something that means so much to me.

Question: Is it a HIPPA violation to confirm to our children their father does not have cancer, to elevaite their fears? and his attorney who in writing sent a letter to his creditors and courts justifying his delinquent bills and support payments? The original call to his attorney was to inform him of conflicting statements within the same document.

Any suggestions?

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