Observations
Based on a review of the HIPAA Notice of Privacy Practices, the facility failed to adhere to the restrictions imposed at 4 Pa. Code 255.5, Act 63 of 1972 1690.108 (b), 42 CFR Part 2 Subpart B Subsection 2.12 (c) (6), 42 CFR Subpart D Subsection 2.51 (a) and 42 CFR Subpart E Subsection 2.63 (a) (1). There are no exceptions for reporting of Elder Abuse.The findings included:Release for medical emergencies under 42 CFR Subpart D Subsection 2.51 (a) are limited to a condition which poses an immediate threat to the health of any individual and which requires immediate medical intervention. Release for medical emergencies without patient consent under Act 63 of 1972 is limited to situations where the patients life is in immediate jeopardy. 42 CFR Part 2 Subpart B Subsection 2.12 (c) (6) only allows for release without patient consent in cases of suspected child abuse and neglect.Tarasoff Law is California case-law and is not applicable in Pennsylvania. The facility's HIPAA Notice of Privacy Practices. Section C (1) states: "You have the right to request restrictions on uses and disclosures of PHI about you. In accordance with Federal Confidentiality Regulation 42 CFR, PHI disclosures without patient consent are limited to medical emergencies, Tarasoff Law - Duty to Warn, suspected child and/or elder abuse, and court orders. All other disclosures outside of MPM must be authorized by you through an executed Release of Information. We are not, however required to agree to your requested restrictions to use of PHI within MM."
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Plan of Correction
The Facility Director reviewed the citation. The facility director updated the notice to policy and removed the Tarasoff Law information. The old form will be retired. The new notice will be distributed at intake for all new patients. |