HIPAA Privacy Rule and Sharing Information

CE Course Description

The Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule provides consumers with important privacy rights and protections with respect to their health information, including important controls over how their health information is used and disclosed by health plans and health care providers.  This intermediate continuing education course was developed using information from the U.S. Department of Health and Human Services and the Office for Civil Rights to provide information about when it is appropriate under the Privacy Rule for a health care provider to share the protected health information of a patient.  Specific considerations addressed are appropriate communication with a patient’s family members, friends, or others involved in the patient’s care, considerations regarding the patient’s capacity to agree or object to the sharing of their information, and when to communicate with family members, law enforcement, or others when the patient presents a serious and imminent threat of harm to self or others.  Additionally, relevant reminders about related issues, such as a parent’s right to access the protected health information of a minor child, the potential applicability of Federal alcohol and drug abuse confidentiality regulations and state laws, and the intersection of HIPAA and FERPA in a school setting are presented.

Author: U.S Department of Health and Human Services, U.S. Department of Health and Human Services, U.S. Department of Health and Human Services

CE Course Objectives

1. Discuss HIPAA regulations regarding communication with a patient’s family members, friends, or others involved in the patient’s care as well as with parents and caregivers of minor patients.
2. Identify instances when mental illness or other mental conditions constitute incapacity under the Privacy Rule.
3. Describe what HIPAA says about when to communicate with family members, law enforcement, or others when the patient presents a serious and imminent threat of harm to self or others.
4. Assess parents’ and caregivers’ rights to access the protected health information of minor children as well as potential applicability of Federal and state alcohol and drug abuse confidentiality regulations.
5. Summarize HIPAA regulations pertaining to the sharing of protected health information among health care providers who are treating the same individual.
6. Discuss how the Privacy Rule and the HIPAA Security Rule safeguard electronic health information.

CE Course Outline

Section 1: HIPAA Privacy Rule and Sharing Information Related to Mental Health (40 mins)

1. Background (5 mins)
2. Questions and Answers about HIPAA and Mental Health (15 mins)
3. Additional FAQs on Sharing Information Related to Treatment for Mental Health or Substance Use Disorder (20 mins)

Section 2: Communicating with a Patient’s Family, Friends, or Others Involved in the Patient’s Care (35 mins)

1. Common Questions About HIPAA (15 mins)
2. HIPAA Privacy Rule Disclosures to a Patient’s Family, Friends, or Others Involved in the Patient’s Care or Payment for Care (20 mins)

Section 3: Privacy, Security, and Electronic Health Records (EHRs) (20 mins)

1. EHRs and Your Health Information (10 mins)
2. Keeping Your Electronic Health Information Secure (10 mins)

Section 4: Sharing Health Information with Family Members and Friends (25 mins)

1. What Happens if You Want to Share Health Information with a Family Member or a Friend? (15 mins)
2. Examples (10 mins)

Total Time: 120 minutes (2 hours)
Course Level: Introductory