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PHI is evidence of a crime that occurred on its premises

• In a medical emergency not occurring on the organization’s premises, when it’s 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.

The definition of law enforcement official is broad and applies to an officer or employee (state or federal) who investigates or conducts an official inquiry into a potential violation of law. It also applies to law enforcement officials who prosecute or otherwise conduct a criminal, civil or administrative proceeding arising from an alleged violation of law. Examples of law enforcement officials include officers, investigators or detectives from a sheriff’s office, the FBI, and state detectives or investigators.

Responding to a Records Request

Alabama Bone & Joint is committed to medical excellence and pledges the highest quality of orthopedic care available. Our physicians and support staff provide all of our patients with professional orthopedic care delivered efficiently and on a personal level.

If a law enforcement official sends a letter requesting records, the letter will likely describe where to send the requested records in addition to providing the law enforcement official’s contact information. Many times, the cover letter or request will not copy the other party because the investigation is sensitive or confidential.

Law enforcement officials also may verbally request PHI or copies of medical records from a healthcare organization either over the phone or in person. If a law enforcement official comes to an organization’s office in uniform and provides proper identification, then it is appropriate to produce the PHI.

However, if the request is made over the phone, a healthcare organization is required to obtain further verification before releasing PHI. Ask the caller to provide a formal request in writing and cite the requestor’s source of statutory authority under state or federal law. The request can be made on official letterhead or by email if the message includes the source of authority and is sent from the official’s work email address.

Healthcare organizations generally do not have to obtain an individual’s written authorization before disclosing PHI if they receive an appropriate written or verbal request from a law enforcement official. However, if the official is requesting the PHI of an adult patient who is a victim of abuse, an organization usually must obtain authorization from the patient before disclosing anything to law enforcement.

Preparing Your Practice to Comply

Communication and training are key to making sure a healthcare practice complies with the law enforcement

ON PAGE 17)

UAB Callahan Opens Homewood Clinic

In February, UAB Callahan Eye opened a clinic in Homewood with its newest provider, John Owen, MD, who has practiced in Homewood for over 15 years. The clinic, which is in the Regions Building, is the 19th clinic location in Callahan’s growing portfolio of ophthalmic and optometric care.

coma screenings, cornea diagnosis and treatment, and contact lens evaluations. All Callahan patients are also eligible to receive a minimum 15 percent discount on all sunglasses and eyeglasses at the on-site optical store.

“Callahan has a wonderful team of eye care specialists, and I am thrilled to join this enhanced continuity of care in an expanded network of services,” Owen said.

Richardson of Mobile, who was first diagnosed with ALS in 2019 and began seeing UAB physicians a few months later. “If I have questions or need any information, they are there to help. The more you interact with your care team, the better you are able to express how the disease is affecting you.”

John Owen, MD

“We are always looking to provide convenient access to care for our patients, and we are excited about this new clinic,” said Rett Grover, UAB Callahan Eye’s chief executive officer.

Patients who visit the clinic will receive services including family eye care, eye exams, cataract evaluations, glau-

Law Enforcement Exception to HIPAA,

continued from page 16 exception (and all other HIPAA requirements). The following actions can help an organization remain compliant.

• Conduct annual HIPAA training for staff members that includes information regarding Privacy Rule exceptions.

• Establish a process for flagging and handling medical record requests from law enforcement.

• Implement a checklist with the steps necessary to respond to medical record requests from law enforcement.

• When unsure about the legitimacy of a request, contact the law enforcement office involved, ensure that it made the request and clarify the reason for it.

• Share only the patient records requested and nothing more.

• Transmit records in a HIPAAcompliant manner.

The wrongful release of patient health information to law enforcement doesn’t happen often. However, if a healthcare organization inappropriately discloses PHI, it could face a HIPAA violation and the associated fines. Understanding the law enforcement exception to the HIPAA Privacy Rule and implementing processes to answer requests are key to responding appropriately and avoiding penalties.

Disclaimer: The information provided in this article does not constitute legal, medical or any other professional advice. No attorney-client relationship is created and you should not act or refrain from acting on the basis of any content included in this article without seeking legal or other professional advice.

Andy Baer, MD serves as the Chief Medical Officer of MagMutual.

To schedule an appointment, call or text 844-UAB-EYES.

UAB’s New ALS Clinic

A new clinic for amyotrophic lateral sclerosis (ALS) at the University of Alabama at Birmingham lets patients see eight healthcare providers during a single visit, with a single co-pay.

“They’ve got my back,” said Venus

The new clinic is supported by a grant from the Alabama Department of Commerce Innovation Fund. It allowed UAB to expand the existing clinic to see more patients more often. Most patients will come every three months, and during their visit, they will meet with their neurologist, physical and occupational therapists, a dietitian, speech therapist, psychologist, social workers, and respiratory therapists. The visit is facilitated by a nurse coordinator who has several years of experience with ALS patients.

“It helps the patient to be able to see all of their care providers at one