If the medical record is used in court as part of the testimony of a health system employee, is that use and disclosure trackable?
The university may use PHI to manage legal issues and it is not necessary to track disclosure. If records are produced under subpoena or court order, that disclosure must be tracked. Question: Federal regulations require the health system to have a contract with and make referrals to organ and tissue donation organizations to support organ donation and transplant issues. What portion of organ and tissue disclosures are trackable? Answer: The health system, when listing transplant patients with UNOS is required to disclose certain PHI. This disclosure is not trackable as it is in support of ongoing patient care and/or performance improvement activities. Disclosure of PHI to an organ procurement organization or eye and tissue bank is trackable under HIPAA. Tracking of these disclosures will be coordinated through Decedent Affairs.
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- If the medical record is used and portions of it disclosed as part of the request for production and/or deposition, is that disclosure trackable under HIPAA?
- If the medical record is used in court as part of the testimony of a health system employee, is that use and disclosure trackable?
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