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use_and_disclosure_of_health_information [2016/06/15 14:01] jillian_nadette_de_leon |
use_and_disclosure_of_health_information [2016/06/28 23:31] jillian_nadette_de_leon |
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| f. Reporting of maltreated or abused child to proper authorities.\\ | f. Reporting of maltreated or abused child to proper authorities.\\ | ||
| g. Reporting of diseases as registered in the Philippine Integrated Disease Surveillance and Response; | g. Reporting of diseases as registered in the Philippine Integrated Disease Surveillance and Response; | ||
| - | h. Mandatory reporting required by licensing and accreditation bodies (Department of Health, Philippine Health Insurance Corporation, Department of Interior and Local Government, Department of Social Welfare and Development). A list of mandatory requirements shall be stipulated.\\ | + | h. Mandatory reporting required by licensing and accreditation bodies (Department of Health, Philippine Health Insurance Corporation, Department of Interior and Local Government, Department of Social Welfare and Development). \\ |
| //Deceased Individuals.// Disclosure of Health information of a deceased individual shall be to the authorized legal representative. For medico-legal cases, information may be disclosed to the next of kin or to the legal representative.\\ | //Deceased Individuals.// Disclosure of Health information of a deceased individual shall be to the authorized legal representative. For medico-legal cases, information may be disclosed to the next of kin or to the legal representative.\\ | ||
| //Privilege Communication//\\ | //Privilege Communication//\\ | ||
| - | * Both patient and physician must provide consent for its use and disclosure otherwise, information shall not be released.\\ | + | * Both patient and physician must provide consent for its use and disclosure otherwise, information shall not be released. The PHCP has the authority to disclose information upon patient request for his legitimate personal use.\\ |
| - | * The PHCP has the authority to disclose information upon patient request for his legitimate personal use such as release of insurance/HMO required medical record provided that there is a clear agreement/contract made between the HMO and the patient.\\ | + | |
| - | * For patients who are U.S. war veterans, they should come with a signed consent in order to release their medical records.\\ | + | |
| //Information disclosed after discharge//\\ | //Information disclosed after discharge//\\ | ||
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| a. For PNP subpoena, obtain consent of patient before death otherwise, consent should be obtained from next of kin.\\ | a. For PNP subpoena, obtain consent of patient before death otherwise, consent should be obtained from next of kin.\\ | ||
| b. For medical/financial assistance requesting abstracts or similar documents, authorization of patient is required.\\ | b. For medical/financial assistance requesting abstracts or similar documents, authorization of patient is required.\\ | ||
| - | * When personal health information is released to legal authority, a cover letter shall be sent containing information reminding the recipient that the information contained is personal health information and must be handled in a confidential manner. A receiving copy shall be maintained by the health facility for record purposes.\\ | + | *Without a court order, release of information shall be pursuant to hospital policy otherwise, patient records shall not be released or disclosed.\\ |
| - | *Without a court order, release of information shall be pursuant to hospital policy otherwise, patient records shall be released or disclosed.\\ | + | |
| - | * A process on how to disclose medico-legal cases should be defined. PNP Duces Tecum shall be honored and complied with if signed by the head of the agency. | + | |
| - | * Guidelines for retrieval of information for purposes of PRC requirements shall be made.\\ | + | |
| + | * //Release of Health Information to Legal Authorities.// When personal health information is released to legal authority, a cover letter shall be sent containing information reminding the recipient that the information contained is personal health information and must be handled in a confidential manner. A receiving copy shall be maintained by the health facility for record purposes.\\ | ||
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| **Use and Disclosure of Health Information by a third party:**\\ | **Use and Disclosure of Health Information by a third party:**\\ | ||
| * Third party providers shall not disclose health information other than as provided by contract with the PHCP or as required by law. They shall also agree to use appropriate safeguards to prevent use and disclosure of the health information other than as provided by contract with the primary health care provider or as required by law. | * Third party providers shall not disclose health information other than as provided by contract with the PHCP or as required by law. They shall also agree to use appropriate safeguards to prevent use and disclosure of the health information other than as provided by contract with the primary health care provider or as required by law. | ||
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| * All research protocols pertaining to patient condition shall pass thru strict review by the Institutional Review Board or Ethics Review Board by Hospitals or Academe to safeguard patient information. Protocols for requesting and accessing aggregate and de-identified information for research, both public and private, shall be clearly defined by health facilities. All research data collected shall not be subject to commercial purposes.\\ | * All research protocols pertaining to patient condition shall pass thru strict review by the Institutional Review Board or Ethics Review Board by Hospitals or Academe to safeguard patient information. Protocols for requesting and accessing aggregate and de-identified information for research, both public and private, shall be clearly defined by health facilities. All research data collected shall not be subject to commercial purposes.\\ | ||
| - | * Information gathered by training hospitals and students for academic requirement purposes. Guidelines for retrieval of information for purposes of Professional Regulation Commission requirements shall be made by health facilities. A non-disclosure clause shall be included in the contract of schools with affiliations to a health facility. Personnel and/or students accessing data for academic requirement purposes shall also sign a non-disclosure agreement.\\ | + | * //Information gathered by training hospitals and students for academic requirement purposes.// Guidelines for retrieval of information for purposes of Professional Regulation Commission requirements shall be made by health facilities. A non-disclosure clause shall be included in the contract of schools with affiliations to a health facility. Personnel and/or students accessing data for academic requirement purposes shall also sign a non-disclosure agreement.\\ |
| * For facilities not participating in PHIE, they shall: \\ | * For facilities not participating in PHIE, they shall: \\ | ||