Alaska Tuberculosis Program Manual - Epidemiology - State of Alaska
Alaska Tuberculosis Program Manual - Epidemiology - State of Alaska Alaska Tuberculosis Program Manual - Epidemiology - State of Alaska
Health Insurance Portability and Accountability Act (HIPAA) Confidentiality of patient information is a requirement in the healthcare field and has its own set of regulations, the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. The regulations protect the privacy of certain individually identifiable health data, referred to as protected health information (PHI). PHI is individually identifiable health information that is transmitted or maintained in any form or medium (e.g., electronic, paper, or oral), but excludes certain educational and employment records. Centers for Disease Control and Prevention Guidance on HIPAA The Centers for Disease Control and Prevention (CDC) published the report “HIPAA Privacy Rule and Public Health: Guidance from CDC and the US Department of Health and Human Services” (MMWR 2003;52 [S-2]:1–12 at http://www.cdc.gov/mmwr/preview/mmwrhtml/su5201a1.htm), to provide guidance in implementing the HIPAA requirements. In this report, the US Department of Health and Human Services (DHHS) recognized the importance of sharing PHI to accomplish essential public health objectives and to meet certain other societal needs (e.g., administration of justice and law enforcement). Covered entities—which are health plans, healthcare clearinghouses, and healthcare providers who transmit health information in electronic form in connection with certain transactions—are permitted by the Privacy Rule to do the following: Share PHI for specified public health purposes. For example, covered entities may disclose PHI, without individual authorization, to a public health authority legally authorized to collect or receive the information for the purpose of preventing or controlling disease, injury, or disability. Make disclosures that are required by other laws, including laws that require disclosures for public health purposes. 3 ALASKA HIPAA Policies The Alaska Department of Health and Social Services is a covered entity. Alaska HIPPA policies may be found at http://www.hss.state.ak.us/dhcs/HIPAA/default.htm http://www.epi.hss.state.ak.us/bulletins/docs/rr2003_02.pdf A L A S K A T U B E R C U L O S I S P R O G R A M M A N U A L Confidentiality 1 4 . 3 R e v i s e d N o v e m b e r 2 0 1 2
National Guidelines The following guidelines for protecting tuberculosis (TB) patients’ confidentiality are adapted from the National Tuberculosis Controllers Association’s (NTCA’s) and Centers for Disease Control and Prevention’s (CDC’s) “Guidelines for the Investigation of Contacts of Persons with Infectious Tuberculosis: Recommendations from the National Tuberculosis Controllers Association and CDC” (MMWR 2005;54[No. RR-15]). Table 1: HOW TO PROTECT CONFIDENTIALITY Conducting All Activities Make every attempt to ensure patient confidentiality. Training Participate in training on maintaining confidentiality and obtaining informed consent in accordance with local/state laws. Interviewing Patients Conducting Site Investigations Communicating with the Media Interview the tuberculosis (TB) patient in a private setting. Inform the patient about confidentiality rights. Explain to a human immunodeficiency virus (HIV)-infected patient that HIV status will be kept confidential. Consult with the patient to identify boundaries for confidentiality and obtain oral consent for any breaches in confidentiality. If written consent is required, present the consent form to the patient in an appropriate manner, and retain a copy in the patient’s medical record. Plan site investigation procedures in advance of any visit, in consultation with and with the consent of the index patient, if possible. Obtain agreement to maintain confidentiality from any site personnel who receive information about the identity of the index patient. Maintain confidentiality in communications with the media. A L A S K A T U B E R C U L O S I S P R O G R A M M A N U A L Confidentiality 1 4 . 4 R e v i s e d N o v e m b e r 2 0 1 2
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National Guidelines<br />
The following guidelines for protecting tuberculosis (TB) patients’ confidentiality are<br />
adapted from the National <strong>Tuberculosis</strong> Controllers Association’s (NTCA’s) and Centers<br />
for Disease Control and Prevention’s (CDC’s) “Guidelines for the Investigation <strong>of</strong><br />
Contacts <strong>of</strong> Persons with Infectious <strong>Tuberculosis</strong>: Recommendations from the National<br />
<strong>Tuberculosis</strong> Controllers Association and CDC” (MMWR 2005;54[No. RR-15]).<br />
Table 1: HOW TO PROTECT CONFIDENTIALITY<br />
Conducting All<br />
Activities<br />
Make every attempt to ensure patient confidentiality.<br />
Training Participate in training on maintaining confidentiality and obtaining informed consent in<br />
accordance with local/state laws.<br />
Interviewing<br />
Patients<br />
Conducting<br />
Site<br />
Investigations<br />
Communicating<br />
with the Media<br />
Interview the tuberculosis (TB) patient in a private setting.<br />
Inform the patient about confidentiality rights.<br />
Explain to a human immunodeficiency virus (HIV)-infected patient that HIV status will be<br />
kept confidential.<br />
Consult with the patient to identify boundaries for confidentiality and obtain oral consent<br />
for any breaches in confidentiality.<br />
If written consent is required, present the consent form to the patient in an appropriate<br />
manner, and retain a copy in the patient’s medical record.<br />
Plan site investigation procedures in advance <strong>of</strong> any visit, in consultation with and with<br />
the consent <strong>of</strong> the index patient, if possible.<br />
Obtain agreement to maintain confidentiality from any site personnel who receive<br />
information about the identity <strong>of</strong> the index patient.<br />
Maintain confidentiality in communications with the media.<br />
A L A S K A T U B E R C U L O S I S P R O G R A M M A N U A L Confidentiality 1 4 . 4<br />
R e v i s e d N o v e m b e r 2 0 1 2