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I ama retired physician now living in a continuing care retirement community in New Jersey. I am currently chairman of the Heath Care Committee and my assistant chairperson is a graduate of Fordham Law School. One of our committee projects is the making of patient-advocate rounds once a week in our nursing home. We announce who we are and why we are visiting and ask specific questions,such as: are you receiving good care? If not, how could it be improved?, do you likethe food?, is your morning coffee hot?, do you have any complaints? We do not discuss diagnosis or treatment. Our visits have been uniformly pleasant, welcomed and well received.We report significant problems only to the Director of Nursing or to the Health Care Administrator. We would never want to intrude on anyone's privacy. Now we have a new Nursing Home Administrator who thinks that our visits are against HIPAA regulations. We are asking for your judgement in this matter. Thank you. Edmon B. Lee, M'D'
State/Country relating to Question: New Jersey Already Tried: only committe discussions
when you say "our committee projects" are you referring to the retirement community's official committee?
Yes
While your questions do not fall within the scope of HIPPA, I understand the nature of their concern, but this concern could be easily reconciled by having each resident that you consult complete a waiver and informed consent form enabling you to release the information from your consult to the appropriate personnel.
Morever, under 45 CFR 164.506 gathering and disclosing patient information for the purpose of improving patient treatment is completely permissible under HIPPA. See http://www.hhs.gov/ocr/privacy/hipaa/understanding/coveredentities/usesanddisclosuresfortpo.html
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