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NE SNIP PRIVACY WORKGROUP

NE SNIP PRIVACY WORKGROUP. Use and Disclosure of Protected Health Information Regarding a Deceased Individual. Protected Health Information (PHI) for Decedents.

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NE SNIP PRIVACY WORKGROUP

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  1. NE SNIP PRIVACY WORKGROUP Use and Disclosure of Protected Health Information Regarding a Deceased Individual

  2. Protected Health Information (PHI) for Decedents • Standard: Deceased Individuals A covered entity must comply with the requirements of this subpart with respect to PHI of a deceased person. §164.502(f) • Translation: You must follow the same use and disclosure rules for PHI of decedents as for any other individual

  3. Verification Requirements • Standard: Verification Except for permitted uses where the individual has an opportunity to object: • Verify identity of person requesting PHI and authority to have access • Obtain documentation (oral or written) if disclosure conditioned on representations §164.514 (h)

  4. Who is a Personal Representative? • Standard:Personal Representatives Treat personal representative as the individual for purposes of disclosure of PHI • Executor, Administrator authorized by law to act on behalf of individual’s estate §164.502 (f) & (g)

  5. Permitted Disclosures • Law enforcement official to alert if death due to criminal conduct §164.512 (f)(4) • Coroners/medical examiners for identification, cause of death, other duties §164.512 (g)(1) • Funeral directors as necessary to carry out their duties §164.512 (g)(2) • Organ/tissue donation procurement agencies §164.512 (h) • Research on decedent’s information §164.512 (i)

  6. Research Requirements • IRB/Privacy Board approval of waiver of authorization • Must confirm that: • Disclosure sought solely for research on protected PHI of decedent; • Documentation of death; and • PHI sought is necessary for the research purposes §164.512 (h)(iii)

  7. Waiver Requirements • Documentation of approval must include: §164.512 (h) • Identification and date of action • Waiver criteria approved by IRB/Privacy Board • No more than minimal risk • Waiver will not adversely effect privacy rights • Research cannot be practicably conducted without this waiver • Privacy risks reasonable in light of reasonably expected results of research

  8. More Waiver Criteria • Waiver criteria approved by IRB/Privacy Board • Adequate plan to protect identifiers from improper use/disclosure • Plan to destroy identifiers at earliest opportunity unless health/research justification for retention • Written assurances that PHI will not be reused/redisclosed (limited exceptions)

  9. Recommendations • Note that the 2-year time limit for protection of PHI was eliminated in the final regulation • Revise your release of information policies and procedures to include permitted uses of decedent PHI • Remind staff of qualifications of personal representatives (no real change)

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