The Texas Prisoner Hospital Question

[MikeG]

The duty to disclose or protect information to patients is on the physician. HIPAA has lots of exceptions to when consent of release of information is needed. Including prisoners in custody. The physician I guess can refuse to treat or refuse to disclose information but that brings him other problems. If the LEO says he has to be in the room and the prisoner needs treatment, no permission from the prisoner is necessary to disclose information. Part of HIPAA training to Drs and health care providers that administer to prisoners should include this. They all know they don't need permission to disclose protected information for certain crimes and they should know this as well.

Here's a document from Texas Tech health center. Lots of common sense.

http://www.ttuhsc.edu/som/clinic/forms/ACForm6.06.A.pdf



And from CFR on HIPAA
Form HIPAA.

5)
Correctional institutions and other law enforcement custodial situations.
(i)
Permitted disclosures. A covered entity may disclose to a correctional institution or a law enforcement official having lawful custody of an inmate or other individual protected health information about such inmate or individual, if the correctional institution or such law enforcement official represents that such protected health information is necessary for:
(A)
The provision of health care to such individuals;
(B)
The health and safety of such individual or other inmates;
(C)
The health and safety of the officers or employees of or others at the correctional institution;
(D)
The health and safety of such individuals and officers or other persons responsible for the transporting of inmates or their transfer from one institution, facility, or setting to another;
(E)
Law enforcement on the premises of the correctional institution; and
(F)
The administration and maintenance of the safety, security, and good order of the correctional institution.