HART COUNTY

EMERGENCY MEDICAL SERVICE CONFIDENTIALITY POLICY

I. All EMS Employees, Firefighter/First Responders, and any associated entities must be aware of their individual responsibility to maintain the confidentiality of all patients. More especially their Protected Health Information (PHI). By definition is any information gathered pertaining to an individual's past, present, and future health. This includes all information be it verbal, written or electronically produced, all must be protected. Each entity must sign a Confidentiality Agreement attesting to their understanding and compliance to the Hart County EMS Privacy Policy.

1. All Patient information is privileged and confidential, each patient must be informed and a notification form to this effect signed by the patient, or if patient is unable or refuses, signed by the attending EMS employee, that their information will be utilized for the intended purposes of:

Treatment of Patient.
Billing purposes.
Operational evaluation.

2. This information is not to be discussed outside of the above listed purposes; even then patient identifiers should be omitted if possible.

3. The minimum amount of patient information necessary can be released to Law Enforcement Agencies that are directly involved in investigating an incident in which the patient was involved. E.g. MVA, Homicide, assault, etc.

a. This is limited to information concerning injuries sustained during the incident.

b. No past medical history may be released that is not directly related to the incident being investigated.

c. No written patient records may be released for the initial investigation.

4. In general no information should be released to family members without patient's permission. EMS employees at times will have to use their professional judgment in some of these cases. This restriction does not apply:

a)             When patient is a minor child information may be released to a parent or legal guardian.

b)             When patient treatment is directly involved.

c)             When it is in the EMS employee's professional judgment it is necessary for the immediate wellbeing of the patient.

5. Patient information will not be released to anyone for any reasons other than the above listed except by Hart County EMS designated Health Insurance Portability and Accountability (HIPAA) Compliance Officer or the EMS Director.

II. All EMS Employees, Firefighter/First Responders, and any associated entities are to safeguard confidential information regarding the EMS and it's operation.

1. All EMS Employees, Firefighter/First Responders, and any associated entities are to avoid gossip and criticism of the EMS and it's operation.

2. All EMS Employees, Firefighter/First Responders, and any associated entities should present a positive, professional image that promotes a spirit of mutual friendliness and respect and instills confidence in the general public.

III. Any EMS Employee found guilty of breaching patient or EMS confidentiality will face disciplinary action that will not exclude termination.

IV. Information concerning any patient other than initial necessary patient care related information falls under more stringent HIPAA privacy act regulations requiring Patient's written Consent and/or under Order of the Court. This information should not be released by anyone other than the EMS Director or the HIPAA Compliance Officer.

V. All requests for information regarding patients treated and or transported by the EMS should be directed to the HIPPA Compliance Officer and or to the EMS Director in her absence or after normal office hours.

VI. Hart County EMS will make every effort to cooperate with representatives of the news media. However, Hart County EMS will follow Federal, State and Local laws and regulations barring release of specific information regarding patient identifiers, including Patient's name and/or exact address responded to in cases of house call, any PHI (Patient Health Information)

1. Information should only be released to the press after being cleared through the EMS Director. Then it should be general in nature and not exceed the following:

a. Date and approximate times of call.

b. Nature of call, Trauma or Medical

c. Approximate location: if responding to a residence do not give street address, street only.

d. Condition of patient (i.e. stable, fair, critical, etc.)

e. Disposition of patient.

VII. Persons seeking information regarding MVA's, crime scenes, coroner's cases or like situations should be directed to the agency head conducting the investigations.

VIII. Any and all provisions of this Policy will be in accordance with Hart County EMS Privacy Policy.