Confusion abounds regarding the sharing of protected patient information (PPI) of a Covid-19 patient to first responders.  As EMS providers, fire departments, and police officers work in the field managing public emergencies, exposures should be expected and anticipated.  Organizational mitigation efforts have hinged on identifying “actual” Covid-19 patients, primarily through hospital testing after patient delivery.  However, the exchange of information from hospital to first response organization has been hampered in many instances due to HIPAA compliance concerns. Hospitals and EMS/Fire understand the process of information transfer related to potential exposures under the Ryan White Act, but the current situation is a different animal. 

The HHS issued this memo clarifying this information transfer, and ease the concerns of those covered by the HIPAA rules.  The takeaway from the memo, and the explanatory article from Ayanna Alexander at Bloomberg Law  makes clear the PPI may be shared so long as one of the conditions for sharing PPI is met. As listed in the HHS memo, a good faith belief the disclosure is “necessary to prevent or lessen a serious and imminent threat to the health and safety of a person or the public” may justify the disclosure. The other big takeaway is this—CHECK YOUR STATE LAW.  Laws vary from state to state as they relate to privacy, confidential data, mandatory disclosure, and emergency declarations.  

Most organizations are still working through the legal details while they deal with this unprecedented crisis, so patience will be required when dealing with PPI disclosures.  While the guidance documents are helpful, it remains advisable to consult an attorney to determine the best course of action and remain compliant with your state law. Stay safe!

As with many other issues in the last few weeks, confusion abounds regarding the availability of protected patient information (PPI) of a Covid-19 patient to first responders. As EMS providers, fire departments, and police officers work in the field and continue their daily process of managing public emergencies, exposures should be expected and anticipated. Organizational mitigation efforts have generally hinged on identifying “actual” Covid-19 diagnosed patients, primarily through hospital testing after patient delivery. However, the exchange of information from hospital to first response organization has been hampered in many instances due to concerns of HIPAA compliance. While hospitals and EMS/Fire understand the process of information transfer as it relates to potential exposures under the Ryan White Act, the current situation is a different animal.

The HHS issued this memo to clarify this information transfer, and ease the concerns of those agencies and industries covered by the HIPAA rules. The takeaway from the memo, and the explanatory article from Ayanna Alexander at Bloomberg Law (First Responders and Data of Covid-19 Exposed Patients) makes clear the PPI may be shared so long as one of the conditions for sharing PPI is met. As listed in the HHS memo, a good faith belief the disclosure is “necessary to prevent or lessen a serious and imminent threat to the health and safety of a person or the public” may justify the disclosure. The other big takeaway is this—CHECK YOUR STATE LAW. Laws vary from state to state as they relate to privacy, confidential data, mandatory disclosure, and emergency declarations.

Most organizations are still working through the legal details while they deal with this unprecedented crisis, so patience will be required when dealing with PPI disclosures. While the guidance documents are helpful, it remains advisable to consult an attorney to determine the best course of action and remain compliant with your state law. Stay safe!