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« Interesting Laptop Thefts Story | Main | U.S. Energy and Commerce Committee Today Approved the Data Accountability and Trust Act »

HIPAA, hospitals and law enforcement

I found a story in The News & Observer interesting in its reference to HIPAA.

Apparently a man charged with second-degree murder and felony death by vehicle was sent to the hospital following the accident last October.  However, the hospital released him without notifying law enforcement.  The article reported that the Highway Patrol Sgt. indicated his belief that hospitals do not inform law enforcement of such releases because of HIPAA...that they are afraid of being in noncompliance.  The hospital indicated, however, that law enforcement did not provide the hospital with the man's name and a copy of his arrest warrant when he was admitted, as is their policy, so they did not know law enforcement wanted to be contacted.  UNC Health Care spokesperson "Crayton added that she is not aware of any cases at UNC where HIPAA rules have gotten in the way of officials being notified of a criminal defendant's discharge."

Interesting...so is law enforcment trying to use HIPAA as a scapegoat for why the criminal (who was later caught, by the way) was released without their knowledge?  Or, was it just a miscommunication?  I have not read about a tendency for hospitals to not contact law enforcement when criminal patients are released before this printed opinion.

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Rebecca Herold's Bio:

Rebecca Herold,CISSP, CIPP, CISM, CISA, FLMI, has been providing information security, privacy and regulatory assistance and services to organizations from a wide range of industries for over 18 years. Rebecca was instrumental in building the information security and privacy program while at Principal Financial Group, which was awarded the CSI Information Security Program of the Year Award in 1998. IT Security ranked Rebecca as one of the top 59 IT security influencers, and Computerworld put Rebecca their list of the 25 top privacy experts and on their list of the 9 best privacy consulting firms. Rebecca has been CPO for two consulting organizations, and has had her own information privacy, security and compliance business since 2004. Rebecca has written chapters for several books, dozens of articles, and has been writing a monthly privacy column for the CSI Alert newsletter since the beginning of 2001, and is working on her 11th book. Some of her other books include The Privacy Papers, Managing an Information Security and Privacy Awareness and Training Program, The Definitive Guide to Security Inside the Perimeter (Realtime Publishers), The Shortcut Guide to Improving IT Service Support through ITIL (Realtime Publishers), and The Practical Guide to HIPAA Privacy and Security Compliance. In addition, Rebecca is the leader of The Realtime IT Compliance Community where she posts to her IT Compliance weblog. You can contact Rebecca at: rebecca_herold@realtimepublishers.net.