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The hospital risk management department has reviewed Zelda's care.  The medical record is analyzed.  The incident report is reviewed.  It is revealed that Zelda's protected health information (PHI) was disclosed:  to her mother, to her health insurance company, to the county's Adult Protective Services agency, the State Department of Health and Human Services, the medical staff peer review committee, the marketing department (photos are used in an campaign against abuse in the home), and hospital legal counsel. 

Define PHI.  

And are any of these disclosures legally allowable? 

Why or why not?  

Cite to the law or laws that direct your response. 

 

Here is our shared scenario:  Zelda is in trouble again.  She is brought to the ED by police after a domestic dispute with her husband.  Zelda has lacerations and suffered a hit to her head and is being brought to the ED for assessment and treatment.    Zelda also has little red spots (rash) all over her arms which she says were due to a recent bout with Chicken Pox.  Pictures of her injuries and rash were taken by the ED nurse as part of the department domestic violence policies.  The pictures were placed in the patient’s medical record. 

While helping Zelda get onto the stretcher, Zelda bites the police officer.  The officer’s skin is broken and the officer is cared for by the ED staff.  The ED Nurse submits an incident report to the hospital’s internal risk management reporting system.  In addition, a hospital social worker comes to talk to Zelda about her safety at home. 

 After the biting incident, both Zelda and the police officer undergo testing for HIV and other blood borne pathogens.  The police don’t pursue charges against Zelda and she is discharged that same day. 

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