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IMGMA Q/A: Sharing PHI for Treatment Purposes
/in Data Privacy, HIPAAby Kim Stanger
Republished with permission from Idaho Medical Group Management Association (MGMA). Original article appeared in Idaho MGMA’s September 2019 e-newsletter.
Question: May I share records with another healthcare provider without the patient’s authorization?
Answer: It depends on the purpose. If the disclosure is for purposes of the patient’s treatment, including continuation of care, then you may disclose the information without the patient’s authorization or consent unless you have agreed otherwise with the patient. (See 45 CFR 164.522(a)). The HIPAA privacy rule states, “[a] covered entity may disclose protected health information for treatment activities of a health care provider.” (45 CFR 164.506(c)(2)).
Treatment means the provision, coordination, or management of health care and related services by one or more health care providers, including the coordination or management of health care by a health care provider with a third party; consultation between health care providers relating to a patient; or the referral of a patient for health care from one health care provider to another.
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New Patient Rights Rules for Idaho Hospitals
/in Hospitals & Health Systems, Idaho Healthcare Law, Legislation, State Law Updates, Uncategorizedby Kim Stanger
The Idaho Department of Health and Welfare has implemented new patient rights rules for hospitals effective July 1, 2019. (See IDAPA 16.03.14.220 to .350). The rules were advanced by patient advocacy groups and, to a large degree, incorporate standards that parallel—but do not exactly mirror—existing law and/or Medicare conditions of participation for hospitals. Because many of those regulatory conditions did not apply to critical access hospitals (“CAHs”), CAHs may need to implement new policies and procedures to satisfy the rules. All Idaho hospitals as well as providers rendering services in hospitals should check their existing policies and practices against the new rules, including the following:
Read more2019 New Mexico Legislative Update: What All Healthcare Providers Should Know
/in LegislationBy Little V. West
In 2019, the Legislature enacted several bills affecting healthcare practitioners in New Mexico. Although some bills have a general applicability to health care providers, others address more specific medical practices. Following is a summary of several bills impacting health facilities and providers. Read more
Mental Holds in Idaho
/in Idaho Healthcare LawBy Kim Stanger
In Idaho, a competent patient generally has the right to consent to or refuse their own healthcare. By statute,
Any person who comprehends the need for, the nature of and the significant risks ordinarily inherent in any contemplated health care is competent to consent thereto on his or her own behalf. Any healthcare provider may provide such health care and services in reliance upon such consent if the consenting person appears to possess such requisite comprehension at the time of giving the consent. Read more
Licensing Board Stipulations: Beware Unanticipated Consequences
/in Governanceby Kim Stanger
Physicians, dentists, and other healthcare providers who run into problems with their state medical board or other licensing agency are often offered a stipulated resolution to avoid formal proceedings, additional costs, and potentially more severe sanctions. Although such stipulations may be an appropriate and efficient way to resolve concerns, providers should beware of the unanticipated consequences of such stipulations, including the following:
1. NPDB Reports. Licensing boards are generally required to report such stipulations involving physicians or dentists to the National Practitioners Data Bank (“NPDB”). (See 45 CFR § 60.8). Hospitals and other entities are required or permitted to check the NPDB during the physician credentialing process. An NPDB report will become a black mark on the physician’s record for the rest of his or her career unless removed, and may lead to the further actions described below.
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