CORRECT LATEST UPDATE
HIPAA Protected Health Information PHI (160.103) - ANSWER Relates to past, present
or future physical or mental health or condition of an individual, provision of health care
to an individual, or payment for the provision of health care to an individual. ALSO, is
there reasonable basis to believe the information can be used to identify an individual?
Use & Disclosure required by law - ANSWER 2 mandatory disclosures: to the patient
with some exceptions, to the Secretary of DHHS to investigate and alleged privacy
violation
Scenario: Neurologist in Tampa has a patient with an unclear presentation and wants to
get a second opinion. Recently, the neurologist met a retired neurosurgeon from
Michigan who sub-specialized in unusual cases like this. The neurologist would like to
discuss this case with the retired neurosurgeon from Michigan. Does the Payment,
Treatment, or Health Operations exception apply? - ANSWER No, no HIPAA application
because there is no PHI.
Payment, Treatment and Healthcare Operations examples - ANSWER 1) provider may
discuss patient case with colleagues for consultation on best course of treatment 2)
health plan may disclose information to a nursing home for payment of services 3)
compliance officer may request charts for compliance audits
Scenario: A wealthy woman watches a news report about a man in need of a liver
transplant who cannot afford to have the surgery. She would like to pay for his surgery,
but only if alcohol abuse was not the cause of his need for a liver transplant. She would
like to see his medical record for proof. What is the best action to take? - ANSWER
Options:
A) Permit the disclosure under the treatment exception
B) Verify with whether the gentleman is willing to sign an authorization
C) Determine if the female could be the man's personal representative
D) Telephone Legal Counsel