HIPPA Rules for Rehab Nurses and Staff

[nursewow]

What is the name of your state (only U.S. law)? KY

I need to know if law enforcement comes to the alcohol and drug rehab center that I work in as a licensed nurse, and request that we let them access a client related to an arrest warrant, what do we do that stays within HIPPA guidelines? The company initially told us not to let the police in the building at all, ever. But now that the police have been to the facility x3 and are making things quite difficult on staff that is there when they come (threatening to arrest nurses/staff if we don't give them the person they want) the facility tells us to attempt to get the person in question to turn themselves in (after signing a confidentiality release), and if they won't sign, just let the police in. Its not worth my license to go against HIPPA. Thank you all for your attention, we really don't know what to do legally in these instances.

 

[Just Blue]

What is the name of your state (only U.S. law)? KY

I need to know if law enforcement comes to the alcohol and drug rehab center that I work in as a licensed nurse, and request that we let them access a client related to an arrest warrant, what do we do that stays within HIPPA guidelines? The company initially told us not to let the police in the building at all, ever. But now that the police have been to the facility x3 and are making things quite difficult on staff that is there when they come (threatening to arrest nurses/staff if we don't give them the person they want) the facility tells us to attempt to get the person in question to turn themselves in (after signing a confidentiality release), and if they won't sign, just let the police in. Its not worth my license to go against HIPPA. Thank you all for your attention, we really don't know what to do legally in these instances.

You talk to the Attorney for the rehab center. They should be the ones to advise you....not laypersons on the internet.

 

[Zigner]

What is the name of your state (only U.S. law)? KY

I need to know if law enforcement comes to the alcohol and drug rehab center that I work in as a licensed nurse, and request that we let them access a client related to an arrest warrant, what do we do that stays within HIPPA guidelines? The company initially told us not to let the police in the building at all, ever. But now that the police have been to the facility x3 and are making things quite difficult on staff that is there when they come (threatening to arrest nurses/staff if we don't give them the person they want) the facility tells us to attempt to get the person in question to turn themselves in (after signing a confidentiality release), and if they won't sign, just let the police in. Its not worth my license to go against HIPPA. Thank you all for your attention, we really don't know what to do legally in these instances.

(It's HIPAA, not HIPPA)

Have you REALLY not been instructed on this?

From http://www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/

Law Enforcement Purposes. Covered entities may disclose protected health information to law enforcement officials for law enforcement purposes under the following six circumstances, and subject to specified conditions: (1) as required by law (including court orders, court-ordered warrants, subpoenas) and administrative requests; (2) to identify or locate a suspect, fugitive, material witness, or missing person; (3) in response to a law enforcement official’s request for information about a victim or suspected victim of a crime; (4) to alert law enforcement of a person’s death, if the covered entity suspects that criminal activity caused the death; (5) when a covered entity believes that protected health information is evidence of a crime that occurred on its premises; and (6) by a covered health care provider in a medical emergency not occurring on its premises, when necessary to inform law enforcement about the commission and nature of a crime, the location of the crime or crime victims, and the perpetrator of the crime.

 

[nursewow]

You talk to the Attorney for the rehab center. They should be the ones to advise you....not laypersons on the internet.

I didn't realize this was a board for "laypersons". I was sure some people with little legal credentials would chime in, but for the most part I thought this board was for free law advice, sorry, I must be on the wrong board The company I work for is cheap, and money hungry for Medicaid. If we have an attorney at the rehab center, they aren't for staff, as I've never heard a company attorney mentioned. But I do agree with you, so if I had access to one, I'd most definitely be on the phone with him.

Thank you for your input.

 

[Just Blue]

I didn't realize this was a board for "laypersons". I was sure some people with little legal credentials would chime in, but for the most part I thought this board was for free law advice, sorry, I must be on the wrong board The company I work for is cheap, and money hungry for Medicaid. If we have an attorney at the rehab center, they aren't for staff, as I've never heard a company attorney mentioned. But I do agree with you, so if I had access to one, I'd most definitely be on the phone with him.

Thank you for your input.

Talk to HR..They should be able to advise if there is an attorney (It would be criminally foolish if a rehab center did not have one).

There are attorney that VOLUNTEER on this site ...but none for your state. We are luckey to have about 6 regular attorney that are kind enough to give their time and expertise here. I don't know of any other Advice site that has JUST attorneys offering |FREE advice.

 

[nursewow]

Talk to HR..They should be able to advise if there is an attorney (It would be criminally foolish if a rehab center did not have one).

There are attorney that VOLUNTEER on this site ...but none for your state. We are luckey to have about 6 regular attorney that are kind enough to give their time and expertise here. I don't know of any other Advice site that has JUST attorneys offering |FREE advice.

Thank you so much, I'll check with HR. It's very appreciated to have the regular attorneys here that give their time and advice. I thank them all.

 

[ecmst12]

Regardless of access to the building, you should under no circumstances give them access to any patient information or talk to them at all. Refer them to the administrative office if they want any records. They'll need to present their warrent.

 

[Zigner]

Regardless of access to the building, you should under no circumstances give them access to any patient information or talk to them at all. Refer them to the administrative office if they want any records. They'll need to present their warrent.

I agree, but I get the feeling that this is more of a matter of "Take us to Bob", or "Please bring Bob here."

 

[commentator]

To which she should reply, "No you must speak to the administrator," and go about her business. At every treatment center I've ever had association with, law enforcement, bill collectors, even family members who came to the facility and asked to speak to a patient were told that they agency could not confirm that there was such a person in the facility.

 

[Zigner]

To which she should reply, "No you must speak to the administrator," and go about her business. At every treatment center I've ever had association with, law enforcement, bill collectors, even family members who came to the facility and asked to speak to a patient were told that they agency could not confirm that there was such a person in the facility.

Administration has spoken:

...the facility tells us to attempt to get the person in question to turn themselves in (after signing a confidentiality release), and if they won't sign, just let the police in.

I'll admit that I don't have the experience relating to HIPAA that others do, but from my research, it would appear to not be a violation of HIPAA for the OP to take the police to the patient in question, and OP has been so instructed by the administration at the facility.

I would say that, since the OP is concerned that his actions may cause him to be in violation with the law, he may wish to consult with his own legal counsel on the matter.