CHPC Study Group

Situational C&C...Access to PHI ...3rd Party Routing

  • 1.  Situational C&C...Access to PHI ...3rd Party Routing

    Posted 10-09-2019 10:11 AM
    Consider how would you handle the following...C&C...

    Patient Frank contacts ABC Clinic and asks the clinic's Privacy Officer, HIPAA Hank, if he (Frank) can get a copy of his records using his right to access.  HIPAA Hank says not a problem and asks if Frank would be able to request his access in writing by coming to the clinic.  Patient Frank says that due to various circumstances, coming down to the office would pose an undue burden.  HIPAA Hank offers to handle Patient Frank's request over the phone and drafts an email to the HIM department to process Patient Frank's request by contacting Patient Frank.  Patient Frank says thanks and awaits the phone call from the HIM department.

    A bit later..HIM Helen calls HIPAA Hank and says that she is glad to fulfill Patient Frank's request but she has a problem because Patient Frank wants his information electronically and wants an electronic copy to also go to his PCP.  HIM Helen reminds HIPAA Hank that by policy, requests to send ePHI to 3rd parties must be in writing.  HIPAA Hank thinks about this for a bit and then provides the following answer/suggestion...

    OK..YOU are HIPAA Hank...what might you offer to HIM Helen.

    Good luck!

    ► We don't fail unless we quit! ◄
    --------Frank Ruelas---------
    Certification Disclaimer

  • 2.  RE: Situational C&C...Access to PHI ...3rd Party Routing

    Posted 10-09-2019 10:31 AM

    We would offer him several options:


    1. Fill out Access Authorizations securely via our website link
    2. We could mail the Authorizations to him to sign
    3. We could send the Authorizations for him to sign via encrypted email and he could either:
      1. scan in and attach it via encrypted reply
      2. or mail back to us


    Gwen Pekuri



    Certification Disclaimer

  • 3.  RE: Situational C&C...Access to PHI ...3rd Party Routing

    Posted 10-09-2019 01:22 PM
    HIM Helen should send information electronically directly to Patient Frank and patient can forward himself the records to PCP unless he signs a written consent for release.

    Melissa Arnold
    Cancer Specialists of NF
    Jacksonville, Florida

    Certification Disclaimer

  • 4.  RE: Situational C&C...Access to PHI ...3rd Party Routing

    Posted 10-09-2019 04:40 PM
    HIPAA Hank could suggest to HIM Helen to fill out the form for him right then, while he is on the phone. Then he could give her his vocal electronic signature which is acceptable in Idaho.

    Idaho Statute 28-52-102(8) "Electronic signature" means an electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
    Idaho Statute 28-50-107(c) If a law requires a record to be in writing, an electronic record satisfies the law.
    Idaho Statute 28-50-107(d) If a law requires a signature, an electronic signature satisfies the law.

    Carl Russell
    Compliance Analyst, CHPC
    Delta Dental of Idaho

    Anything I say is my sole opinion and not of my company.

    Certification Disclaimer

  • 5.  RE: Situational C&C...Access to PHI ...3rd Party Routing

    Posted 10-21-2019 03:31 PM
    MY suggestion would be to email, or mail, the authorization form to Hank and have him fill it out, sign and either send back electronically thru email (secure) or mail back with a notation of "Confidential" on the envelope.

    Moslin Fisher
    Internal Auditor
    Legacy Community Health - Moslin Fisher

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