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You are the head of the health information management department at General Hospital. An FBI agent has arrived at your...

You are the head of the health information management department at General Hospital. An FBI agent has arrived at your office with a search warrant in hand. He asks to speak with you about the hospital's health records. How should you respond?

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Answer #1

Ans) Among the first considerations is the application of the HIPAA Privacy Rule.

- Pursuant to this rule, disclosure of protected health information may be made for law enforcement purposes if the covered entity is presented with a court-ordered warrant, as in this case.

- The HIM director should balance the interests of the hospital with the interest of complying with the FBI's request. Among the first actions taken, the HIM director should notify the hospital's general counsel that the FBI agent has presented a search warrant and seek direction.

- If no direction is given other than to cooperate with the agent's request, the HIM should follow HIPAA to provide the data as limited by the terms of the search warrant.

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