Orange County NC Website
\ Policy 16: Policy on Release of PHI to Law Enforcement Without Legal Process <br /> North State Medical Transport <br /> Policy on Release of Protected Health Information to <br /> Law Enforcement Without Legal Process <br /> Purpose <br /> Protected health information ("PHI") may only be released to law enforcement officials <br /> under specific and limited circumstances under the Health Insurance Portability and <br /> Accountability Act of 1996 ("HIPAA"). This policy provides consistent guidelines for North State <br /> Medical Transport staff members to follow regarding the release of PHI to law enforcement <br /> when the law enforcement official does not serve some type of legal process, such as a <br /> summons, subpoena, or warrant, so that staff only release PHI in accordance with HIPAA. This <br /> policy will work in conjunction with North State Medical Transport's "Staff Member Action Plan <br /> for Release of PHI to Law Enforcement Without Legal Process." <br /> Scope <br /> This policy applies to all North State Medical Transport staff members who may come in <br /> contact with law enforcement including field personnel who may encounter law enforcement <br /> off�c|�|sa�theaceneof�niDoid�ntaDdntherstaffvvhonmaybeapprnachedby |avv <br /> enforcement directly after an incident. This policy applies to situations where law enforcement <br /> is seeking PHI from a staff member and the law enforcement official does not present North <br /> State Medical Transport with legal process, such as a subpoena, summons or warrant. North <br /> State Medical Transport's Policy on Release of Protected Information Pursuant to Warrant, <br /> Subpoena, Summons or Administrative Request applies to situations where law enforcement or <br /> other parties are seeking information pursuant to legal process. <br /> Procedure <br /> General Procedure for Handling Requests <br /> 1. If a staff member of North State Medical Transport is approached by a law enforcement <br /> official and the official makes requests a request for PHI about a patient from the staff <br /> member, the staff member should verify the identity of the law enforcement official and <br /> ask the official what is the purpose for which the request is being made <br /> 2. If the request is being made for one of the purposes listed in this policy,then the staff <br /> member may release the PHI to the law enforcement official, in accordance with this <br /> policy. Formal written patient authorization is not required when releasing PHI <br /> pursuant to one of the purposes listed in this policy; however, where the patient is <br /> readily available and able to consent to the disclosure, verbal consent should be <br />