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Does HIPAA Restrict Healthcare Professionals from Communicating with Family and Friends?

Buddy Dyer, the mayor of Orlando, requested a waiver of the HIPAA rules following the June 12 shooting at Pulse Nightclub. Families and loved ones were inquiring about the status of patients located at local hospitals, but were not provided timely reports. Many of the patients being treated at the hospitals in Orlando did not have formalized legal relationships, and the mayor felt HIPAA would slow down the sharing of information with partners.

Some healthcare professionals feel that HIPAA restricts them from providing information about patients to their families and loved ones. There are stories of loved ones denied information about elderly parents or adult children by medical professionals citing HIPAA. In many cases, healthcare professionals do not understand the flexibility of HIPAA.

In order to understand whether Mayor Dyer and healthcare providers need to be concerned about HIPAA restrictions, let’s look at the Law. The waiver described under Section 1135 of the Social Security Act includes suspending certain HIPAA provisions to protect physicians, emergency medical staff, and law enforcement agencies so that they will not face penalties and sanctions for the release of PHI in a crisis.

The suspended requirements are:

  1. 45 C.F.R. § 164.510 requiring healthcare providers to obtain a patient’s agreement so that a medical professional can speak with family members or friends or provide patients the right to opt out of the facility directory;
  2. 45 C.F.R. § 164.520, the requirement to distribute a Notice of Privacy Practices to patients; and
  3. 45 C.F.R. § 164.522, the patient’s right to request privacy restrictions or confidential communications.

In 2010 President Obama issued an executive memo ordering the Department of Health and Human Services (HHS) to address the issue of hospital visitation for same-sex couples. Later that same year, the department prohibited hospitals from discriminating against visitation rights based on sexual orientation and gender identity.

A statement from HHS Assistant Secretary for Public Affairs Kevin Griffis explained the reason why the waiver was not needed in Orlando:

“HIPAA allows healthcare professionals the flexibility to disclose limited health information to the public or media in appropriate circumstances. These disclosures, which are made when it is determined to be in the best interest of a patient, are permissible without a waiver to help identify incapacitated patients, or to locate family members of patients to share information about their condition. Disclosures are permissible to same sex, as well as opposite sex, partners.” http://www.healthcareinfosecurity.com/no-hipaa-waiver-needed-in-orlando-shooting-aftermath-a-9196

Entities such as healthcare organizations, governmental agencies and law enforcement are allowed to exercise professional judgment as stated under HIPAA. For example, PHI communicated by Emergency Medical Technician (EMT) via a radio to the 911 Dispatcher or between other ambulance units is also permitted through the professional judgment definition in HIPAA. For most law enforcement personnel, as well as fire departments, the HIPAA Privacy Rule does not apply to them either as disclosures are needed to perform their job duties. They can release PHI about victims of a vehicle accident or for investigation of a crime scene. The essential part to note is as long as the conversations by the personnel covered under these provisions are related to treatment-related disclosures, there is no HIPAA violation. Hospitals and large health organizations must train their emergency staff on HIPAA and their specific policies and procedures to comply with the regulations.

For information on the portion of the HIPAA law that allows healthcare professionals the flexibility to disclose limited health information to the public or media in appropriate circumstances, look at this link.

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Related Posts

Essential Guide to Email Authentication and Deliverability: How to Configure DMARC, SPF, and DKIM Records

Essential Guide to Email Authentication and Deliverability: How to Configure DMARC, SPF, and DKIM Records

Essential Guide to Email Authentication and Deliverability: How to Configure DMARC, SPF, and DKIM Records
*This process is technical and requires access to your Domain Name Server (DNS). It’s recommended to have an IT professional handle these configurations to avoid potential issues. If you proceed yourself, back up your current settings with screenshots or copies before making any changes.
Organizations rely heavily on email for marketing and communication, making it a prime target for malicious actors. Phishing, spoofing, and other email attacks can inflict significant financial and reputational damage. In response to this growing threat, email providers are tightening their security measures, and businesses that aren’t paying attention risk having their emails blocked.
A recent announcement from Microsoft, highlighted in their Tech Community blog, highlights that Outlook is implementing stricter requirements for high-volume senders to protect users from unwanted and potentially harmful messages. This move serves as a clear signal: email authentication is no longer optional – it’s required for all organizations, regardless of their sending volume.
The key to making sure your emails reach their intended recipients is all in the configuration and alignment of your Domain-based Message Authentication, Reporting and Conformance (DMARC), Sender Policy Framework (SPF), and DomainKeys Identified Mail (DKIM) records. These protocols verify an organization actually sent the emails and tells receiving servers your messages are legitimate and shouldn’t be sent to spam folders or blocked.
What makes SPF, DKIM, and DMARC so crucial?
SPF (Sender Policy Framework): This record lists the authorized mail servers permitted to send emails on your behalf. When your email server receives an email, it checks it and verifies if the sending server’s IP address matches the list in your SPF record. This helps prevent attackers from spoofing your domain using unauthorized servers.
DKIM (DomainKeys Identified Mail): DKIM adds a digital signature to your outgoing emails. This signature is cryptographically linked to your domain and verified by the receiving server using a public key published in your DNS records. DKIM ensures the integrity of the email content and confirms that it hasn’t been tampered with in transit.
DMARC (Domain-based Message Authentication, Reporting & Conformance): DMARC builds upon SPF and DKIM. It tells receiving servers what to do with emails that fail SPF and/or DKIM checks. You can set policies to “none” (monitor), “quarantine” (send to spam), or “reject” (block). DMARC also enables reporting, allowing you to gain valuable insights into who sends emails using your domain and identify potential spoofing attempts.
Microsoft’s Stance: A Wake-Up Call
The stricter requirements being implemented by Outlook for high-volume senders emphasize the need for organizations to set up and review their authentication protocols. While the current focus is on high-volume senders, it is clear: email providers are looking for authenticated mail. Failing to correctly set up your DMARC, SPF, and DKIM records will lead to deliverability issues of emails.
What Your Company Needs to Do Now:
Regardless of size or email volume, every company should take the following steps to make sure its email authentication is configured correctly. Here’s a checklist:
Audit Your Existing Records: Check for existing SPF, DKIM, and DMARC configurations. Are they accurate and up-to-date?
Implement Missing Records: If you are missing any of these records, add them immediately. *Consult with your IT team or email service provider for guidance.
Check Alignment: It’s crucial to make sure there is alignment between your SPF, DKIM, and DMARC records. This means that the domain used for SPF and the signing domain in DKIM should match the “From” address domain in your emails. DMARC relies on this alignment to function effectively.
Start with a Monitoring Policy: For DMARC, it’s often best to start with a “none” policy to monitor how your emails are being handled and identify any legitimate sending sources that might not be properly authenticated.
Gradually Enforce Stronger Policies: Once you clearly understand your email flows and have addressed any authentication issues, move gradually towards stronger DMARC policies like “quarantine” or “reject” to protect your domain from spoofing actively.
Regularly Review and Update: The email landscape is constantly changing. Regularly review and update your authentication records as needed, especially when changing your emails or third-party sending services.
The Benefits of Proper Email Authentication:
Properly configuring and aligning your DMARC, SPF, and DKIM records offers significant benefits:
Improved Email Deliverability: Your legitimate emails are more likely to reach the inbox, avoiding spam folders and blocks.
Enhanced Brand Reputation: Protecting your domain from spoofing builds trust with your recipients and safeguards your brand’s reputation.
Increased Security: You significantly reduce the risk of using your domain for phishing and other malicious activities.
Compliance with Evolving Standards: By staying ahead of the curve, you ensure your email practices align with the increasingly stringent requirements of email providers.
The message is clear: email authentication is no longer optional. The recent emphasis from major providers like Microsoft underscores its critical importance in maintaining reliable and secure email communication. By taking the steps to audit and align your DMARC, SPF, and DKIM records, your organization can protect itself, customers, and reputation. Don’t wait until your emails are blocked – act now to secure your email.
Have questions or need help with your HIPAA compliance? Schedule a call with our experts today. https://www.totalhipaa.com/get-started/
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https://www.totalhipaa.com/dmarc-lookup-free/
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https://easydmarc.com/

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