The Covid-19 or coronavirus has triggered a state of emergency in California. How does this change how we share patient information?
After California announced its first death from the coronavirus, Gov. Gavin Newsom declared a state of emergency on March 5, 2020. Additionally, President Trump’s declaration of a national emergency on March 13 further reduces privacy burdens on providers. This means that some HIPAA requirements have changed. During a state of emergency, UCI Health will not be punished for failing to get permission from individuals before sharing patient information with family members or friends or when disregarding a patient’s request to have their name removed from the hospital directory. Failure to distribute the Notice of Privacy Practices will similarly not be penalized. UCI Health may disregard a patient’s right to request privacy restrictions or confidential communications.
If the individual is incapacitated or unavailable, UCI Health may share information for notification purposes if it is in the patient’s best interest. UCI Health may also share patient information with public health authorities, such as the CDC, without individual authorization. If a foreign government is collaborating with a public health authority, UCI Health may also disclosure PHI to that government if the disclosure is at the direction of the public health authority.
What about disclosures to family, guardians, or people responsible for the patient?
For notification and unification purposes, UCI Health may share information that is necessary to notify family, guardians, or responsible parties of the patient’s location, general condition (i.e. good, fair, critical), or if the patient is deceased. UCI Health may also share patient information with organizations that are authorized by law or by charter (e.g. the American Red Cross) to assist in disaster relief efforts so long as the sharing of the patient information is for the purpose of notification and unification.
What about disclosures to the media or press?
If the media or press ask about a particular patient by name, UCI Health can only acknowledge the patient’s presence or non-presence at a facility and/or provide the patient’s general condition (i.e. good/fair/critical). Disclosure beyond this is strictly prohibited without patient authorization.
What happens in highly dangerous situations?
UCI Health may share patient information with any person when it becomes necessary to lessen or prevent a serious AND imminent threat to the health and safety of an individual person or the public. Please note that the threat must be BOTH immediate and serious. It cannot be just one or the other.
How long do these new rules/exemptions last?
Until the national state of emergency is ended.
The COVID-19 matter is quickly evolving and additional updates/waivers will be shared as they are available. If you have questions on the above information, or any Compliance or Privacy questions, please promptly contact the Compliance & Privacy Office at hacompliance@hs.uci.edu or 714-456-7006 or Marketing & Public Affairs at 714-456-7601 or hsmarcom@hs.uci.edu
Thank you,
Valerie Dixon
Chief Compliance & Privacy Officer
UCI Health
Brian O’Dea
Executive Director, Marketing & Public Affairs
UCI Health |
