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Policy 18: Policy on Release of PHI to Law Enforcement With Legal Process <br /> North State Medical Transport <br /> Policy on Release of Protected Health Information Pursuant to Legal Process <br /> Purpose <br /> Protected health information ("PHI") may be released pursuant to valid legal process <br /> undertheHea|th |nsurancePortabi|ityandAccountabi|ityActof1996 (''H|PAA"). This policy <br /> provides guidelines for North State Medical Transport regarding the release of PHI pursuant to <br /> court orders, summonses, subpoenas, warrants, administrative requests, and discovery <br /> requests (collectively referred to in this policy as "legal process"), so that North State Medical <br /> Transport only releases PHI in accordance with HIPAA and as required by state law. This policy <br /> will work in conjunction with North State Medical Transport's HIPAA Compliance Officer Action <br /> P|anson "RequestsforPH| fronnAttorneys," ''AdnninistrativeRequestsforPH| fronn <br /> GovernnnentAgencies,'' ond "[ourt-OrderedRequestsforPH|." <br /> Scope <br /> This policy applies to all North State Medical Transport staff members who may receive <br /> or respond to requests for PHI accompanied by legal process. These requests typically occur <br /> after a call is completed and are generally served on staff at North State Medical Transport's <br /> station in person or through the mail. Generally, all such requests will be directed to and <br /> handled by the HIPAA Compliance Officer. <br /> Procedure <br /> General Procedure for Handling Requests <br /> 1. North State Medical Transport is permitted by HIPAA, and may be required by North <br /> Carolina law and federal law, to furnish requested PHI to certain parties pursuant to a <br /> valid legal process. <br /> Z. If North State Medical Transport receives a request for PHI accompanied by legal <br /> process, the request shall be directed to the HIPAA Compliance Officer. <br /> 3. The HIPAA Compliance Officer shall first determine whether the request is: (a) a court <br /> order or a court-ordered subpoena, summons or warrant ("SSW"); (b) an administrative <br /> request; or (c) a subpoena, discovery request, or other legal process issued by an <br /> attorney. When determining what type of request has been received, the HIPAA <br /> Compliance Officer shall look to the issuer of the request (i.e., who the requesting party <br /> is) and keep in mind the following guidelines: <br />