Yes, HIPAA does apply to organ donation, but it includes specific exemptions that facilitate the process. Under HIPAA, hospitals and Organ Procurement Organizations (OPOs) can share the medical information of deceased donors without needing consent from the donor's family.
What are OPOs and what is their role in organ donation?
Each of the 58 OPOs across the nation works to find potential organ donors and manage the complex process of organ donation from start to finish. When someone passes away and can donate their organs, an OPO steps in to coordinate everything.
Their role in the process includes identifying the deceased as a possible donor, talking with grieving families about the option of donation, and then ensuring that the organs are safely recovered and transported to those in need. Unlike typical contractors, OPOs don't work directly for hospitals or get paid by them. Instead, they operate under strict standards set by the Centers for Medicare & Medicaid Services to ensure they do their job effectively and compassionately.
Their role is facilitated through collaboration with hospitals. According to Joint Commission guidance on the topic: “The Joint Commission, which requires hospitals to have a written agreement with an OPO as part of its Transplant Safety (TS) Standard TS.01.01.01 (“The hospital, with the medical staff’s participation, develops and implements written policies and procedures for donating and procuring organs and tissues”), has received inquiries from hospitals about the applicability of certain other standards to OPOs.”
Understanding HIPAA exemption 45 CFR 164.512(h)
HIPAA protects patient health information under most circumstances, except in the case of organ donation. HIPAA Exemption 45 CFR 164.512(h) allows hospitals and OPOs to use and disclose the protected health information (PHI) of deceased individuals without needing prior consent from family members.
This facilitates a faster response at a time when every second counts, helping to match donated organs with recipients on tight timelines. The provision acknowledges the unique and urgent nature of organ donation. By enabling this swift exchange of information, the exemption ensures that potential life-saving organs reach those in desperate need more efficiently.
When can donor PHI be shared?
Donor PHI can be shared without prior family consent under the following circumstances:
- Donor PHI can be shared to coordinate the donation and transplantation of organs, eyes, or tissues.
- It can be used when evaluating potential recipients for organ transplantation.
- PHI is shared to facilitate the logistical arrangements necessary for transplantation procedures.
- It can be disclosed to medical staff and transplant coordinators involved in the organ procurement and transplantation process.
- PHI is shared under the provision of HIPAA Exemption 45 CFR 164.512(h), which allows these activities without needing prior family consent.
See also: Safeguarding PHI in organ donation
Can donor PHI ever be shared with the donor recipient?
Yes, donor PHI can be shared with the recipient, but only in very specific and limited circumstances. This happens primarily when the information is needed for the medical treatment of the recipient. For example, knowing certain medical details about the donor can help healthcare providers anticipate and manage potential complications in the transplant process, such as issues with organ compatibility or the risk of transmitting diseases. However, this information is shared in a carefully controlled manner to ensure both the donor's privacy and the recipient's health needs are respected.
See also: The guide to HIPAA compliant text messaging
FAQs
Are all organ donations covered under the same HIPAA exemptions?
Yes, all organ, eye, and tissue donations are covered under the same HIPAA exemption, specifically 45 CFR 164.512(h).
Who can access the donor’s medical information under this exemption?
Medical professionals directly involved in the organ donation and transplantation process can access the donor's medical information under this exemption.
When does the exemption kick in?
The exemption kicks in immediately upon the identification of a potential donor and is necessary to facilitate the timely and effective coordination of organ, eye, or tissue donation and transplantation.
Kirsten Peremore
