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The role of HIPAA in disease reporting

Written by Kirsten Peremore | September 19, 2023

HIPAA supports effective disease reporting and surveillance by establishing guidelines for secure and confidential data sharing. This enables public health agencies to fulfill their vital roles in protecting communities from health risks.

 

The importance of disease reporting

Disease reporting is necessary for public health, serving as a fundamental mechanism for detecting, monitoring, and responding to health threats within communities and populations. Through disease reporting, healthcare providers, laboratories, and public health authorities can share information about the occurrence, spread, and characteristics of diseases, including outbreaks and epidemics. 

This data enables public health officials to promptly identify emerging health threats, implement control measures, allocate resources effectively, and develop disease prevention and intervention strategies. Disease reporting is particularly vital during public health emergencies, such as pandemics, as it helps guide coordinated responses to protect the health and safety of the public. 

 

Who should healthcare organizations report to?

Local health departments

Healthcare organizations, including hospitals, clinics, and laboratories, usually have a legal obligation to report certain diseases and conditions to their local health department. Local health departments are responsible for disease control and surveillance within their jurisdictions. They play a role in investigating and managing cases of reportable diseases within their communities.

 

State health departments

In addition to reporting to the local health department, healthcare organizations often report cases of reportable diseases to the state health department. State health departments have a broader perspective and responsibility for monitoring and managing diseases at the state level. They may coordinate responses to outbreaks and communicate with local health departments and other agencies.

 

Centers for Disease Control and Prevention (CDC) 

In some cases, particularly when dealing with nationally notifiable diseases or diseases of high public health significance, state health departments may report data to the Centers for Disease Control and Prevention (CDC). The CDC is the federal agency responsible for monitoring and responding to public health threats on a national level.

 

HIPAA Privacy Rule and public health

Public health authorities, which encompass a wide range of government agencies at various levels, play a role in promoting and protecting the health of the population, and the HIPAA Privacy Rule facilitates their mission by enabling the secure exchange of health information for public health purposes.

The HIPAA Privacy Rule allows for the sharing of protected health information (PHI) with public health authorities authorized by law for the purpose of preventing or controlling diseases, injuries, or disabilities, including public health surveillance and intervention. 

This balance between privacy protection and public health is necessary, as it ensures that health data can be accessed and utilized to monitor and respond to health threats, outbreaks, and emergencies while respecting individuals' privacy rights. 

See also: What is public health?

 

HIPAA compliance when reporting disease

  1. Minimum Necessary Standard: Covered entities must limit the use and disclosure of PHI to the minimum necessary to achieve the intended public health purpose. However, for disclosures to public health authorities, covered entities can reasonably rely on the minimum necessary determination made by the public health authority.
  2. Safeguarding PHI: Covered entities must have appropriate administrative, technical, and physical safeguards to protect the privacy of PHI when it is disclosed for public health activities.
  3. Notice of Privacy Practices: Covered entities must provide individuals with a notice of privacy practices that explains how their PHI may be used or disclosed for public health purposes, among others.
  4. Accounting of disclosures: Covered entities may be required to provide individuals with an accounting of certain types of disclosures of their PHI, including disclosures for public health activities, upon request.
  5. Individual rights: Individuals have the right to access their PHI and request amendments, even when it has been disclosed for public health purposes.

 

Disclosures of PHI during disease reporting

Covered entities, including healthcare providers, health plans, and healthcare clearinghouses, are allowed to disclose PHI to these public health authorities without individual patient authorization. When a healthcare provider diagnoses or becomes aware of a reportable disease (a disease that must be reported to public health authorities), they can share relevant patient information with the appropriate public health agency.

 

HIPAA compliant communication and disease reporting

Effective communication between healthcare providers, public health authorities, and relevant entities is necessary for successful public health efforts and disease control. HIPAA compliant email communication serves as a secure and efficient channel for sharing necessary PHI during disease reporting and public health initiatives. It enables healthcare professionals to report cases, outbreaks, and health trends while safeguarding individuals' privacy rights. 

By adhering to HIPAA standards for email encryption, authentication, and access controls, authorized parties can exchange data, such as disease-related information and patient records, to ensure confidentiality and compliance with privacy regulations. 

See also: What is a public health record?