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I have a question regarding Hippa as well as questions about…

Customer Question
I have a question regarding...
I have a question regarding Hippa as well as questions about a medical malpractice
Is this confidential
Submitted: 2 months ago.Category: Personal Injury Law
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Answered in 1 hour by:
5/2/2018
Personal Injury Lawyer: legalg, Attorney replied 2 months ago
legalg
legalg, Attorney
Category: Personal Injury Law
Satisfied Customers: 13,597
Experience: General Practitioner. Research Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Personal Injury Lawyer: legalg, Attorney replied 2 months ago

Hello; this is a public forum so the information provided is not confidential.

After the chat is closed I can request the moderators to lock the question if you would like.

I am only permitted to provide information and cannot advise a certain course of action.

What was your question please?

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Customer reply replied 2 months ago
My Question is regarding data repository’s. I was put in a data repository behind my back And without my consent. I was informed by this hospital that they have to get a signed consent in order to put someone into the repository. I declined that specifically at the hospital as well as I declined to be involved in any research programs.
But I was put into this project and my medical records were put into this repository with five other hospitals without my knowledge and behind my back. My question to you is what do I do now where do I go from here is this a valid Hippa compliant?
Customer reply replied 2 months ago
Are you able to answer
Personal Injury Lawyer: legalg, Attorney replied 2 months ago

Personal medical information cannot be released to third parties unless there is a medically necessary reason to do so or the patient consents.

There is a privacy exception for data repositories that are maintained for research and other valid research purposes; please see:

https://privacyruleandresearch.nih.gov/research_repositories.asp

So for example so long as privacy safeguards are enacted as between the hospital and the researcher then it is not deemed a violation; please see:

https://www.hhs.gov/hipaa/for-professionals/special-topics/research/index.html

The office for civil rights is responsible for filing any violations and any fine imposed does not go to the aggrieved patient:

https://www.ama-assn.org/practice-management/hipaa-violations-enforcement

Also health information exchange (HIE)s - yes - one moment please.

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Personal Injury Lawyer: legalg, Attorney replied 2 months ago

HIEs are exempt from HIPAA - please see:

Is a health information organization (HIO) covered by the HIPAA Privacy Rule? A1: Generally, no. The HIPAA Privacy Rule applies to health plans, health care clearinghouses, and health care providers that conduct covered transactions. The functions a HIO typically performs do not make it a health plan, health care clearinghouse, or covered health care provider. Thus, a HIO is generally not a HIPAA covered entity. However, a HIO that performs certain functions or activities on behalf of, or provides certain services to, a covered entity which require access to PHI would be a business associate under the Privacy Rule. See 45 C.F.R. § 160.103 (definition of “business associate”). HIPAA covered entities must enter into contracts or other agreements with their business associates that require the business associates to safeguard and appropriately protect the privacy of protected health information. See 45 C.F.R. §§ 164.502(e), 164.504(e). (See also the relevant business associate requirements in the HIPAA Security Rule at 45 C.F.R. §§ 164.308(b), 164.314(a).) For instance, a HIO that manages the exchange of PHI through a network on behalf of multiple covered health care providers is a business associate of the covered providers, and thus, one or more business associate agreements would need to be in place between the covered providers and the HIO.

https://www.hhs.gov/sites/default/files/ocr/privacy/hipaa/understanding/special/healthit/introduction.pdf

Further questions please post here.

If no further questions kindly rate positively so the site credits me for my time.

The above information is for educational purposes only; if one seeks legal advice please contact the local bar association for a referral to a licensed attorney in your area that is able to review your case in a private, confidential setting and will be able to tailor advise specific to your situation.

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Customer reply replied 2 months ago
I requested a call
Personal Injury Lawyer: legalg, Attorney replied 2 months ago

The phone call request did not go through.

Please contact customer service at

ww2.justanswer.com/help

and they will be able to assist as I don't have access to your account

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