Release to store PHI on Media access platform

  • 1.  Release to store PHI on Media access platform

    Posted 10-12-2020 03:38 PM
    Is it legal to do a media release that a patient could release the marketing department to disclose patient information on a website that is open to any media person (or other person who legally or illegally gets into the site) to access and use that information? How far can a media release go in releasing patient rights?   The barriers I am wondering about
    --  it would be impossible to pull it back if the patient revoked the release
    --  It is not just potential, but the patient would fully expect information disclosed under the terms of the authorization to be redisclosed by the recipients and no longer protected by 45 CFR Part 164, Subpart E.​

    Jennifer McWain
    Compliance Officer
    Mary Free Bed Rehabilitation Hospital
    Grand Rapids,MI
    19th Annual CEI Virtual Conference

  • 2.  RE: Release to store PHI on Media access platform

    Posted 10-13-2020 05:54 AM
    See 45 CFR § 164.508:   Uses and disclosures for which an authorization is required

    The process would be to obtain the patient's written authorization. The authorization would set forth what information is permitted to be disclosed (e.g., the patient agrees to share their story). You would also set forth additional details such as the patient understands that the story may be picked up by other media outlets, they have the right to revoke but understand that the right is subject to limitation based on the covered entity's reliance on the authorization and so on.

    Brenda Manning J.D., C.H.C., C.H.P.C.
    Privacy Director
    Privacy Officer
    Carilion Clinic

    The views expressed herein are my own and do not represent those of my employer. They are not meant to constitute legal advice or create an attorney-client relationship.

    19th Annual CEI Virtual Conference