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NCJ Number: 250396 Find in a Library
Title: A Note on HIPAA and 42 CFR Part 2: Dispelling the Myths about Justice-Health Information Sharing
Author(s): Adam K. Matz MS
Corporate Author: American Probation and Parole Assoc
United States of America
Date Published: November 2014
Page Count: 5
Sponsoring Agency: American Probation and Parole Assoc
Lexington, KY 40578
Bureau of Justice Assistance
Washington, DC 20531
Grant Number: 2010-DB-BX-K021
Sale Source: Bureau of Justice Assistance
US Dept of Justice
Office of Justice Programs
810 Seventh Street NW
Washington, DC 20531
United States of America
Document: PDF
Type: Legislation/Policy Analysis; Legislation/Policy Description; Policy; Report (Grant Sponsored); Report (Technical Assistance)
Format: Document; Document (Online)
Language: English
Country: United States of America
Annotation: This is the report on a 2-day policy academy for three State pilot project sites (Illinois, Iowa, and Kansas) concerning the exchange of information between justice and health entities.
Abstract: The goal of the meeting was to correct misconceptions about the sharing of such information and begin the strategic planning process for each site. At issue is the provisions of the Federal Health Insurance Portability and Accountability Act of 1996 and 42 CFR Part 2 of the Confidentiality of Substance Abuse Patient Records. These are two of the most commonly cited barriers to cross-domain information sharing. The current report dispels myths about these Federal regulations, demonstrates the value of justice-health exchanges, and references the many tools available from the Global Justice Information Sharing Initiative to aid the prospect of these information exchanges. HIPAA’s Lawful Custody Exception explicitly allows correctional institutions to access inmates’ health information without consent if the information is necessary to provide health care to the individual or to ensure the safety and security of the inmate and others housed or working in the facility. This exception also applies to any emergency in which staff of a service provider agency are at risk (within the institution or the community) in providing services relevant to law enforcement and probation/parole agents. An entity covered by this exception must have documentation of session information for the purpose of reporting health care, requests for the review of health care records to perform services, or payment of health care claims. Probation/parole agencies are not classified as “covered entities.”
Main Term(s): Corrections policies
Index Term(s): BJA Grant-related Documents; Bureau of Justice Assistance (BJA); Federal legislation; Illinois; Information dissemination; Inmate health care; Iowa; Kansas; Privacy and security; Right of privacy
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