Law Enforcement Run-ins...with HIPAA

The Health Insurance Portability and Accountability Act (HIPAA) Privacy rules is no stranger to law enforcement officers. Did you know you're given special attention in the Rules? Covered entities, such as hospitals and emergency medical responders, are given strict guidelines, addressing how and when "protected health information," which, by the way, includes an individual's license plate number, may be given to you. No wonder Minneapolis police were unsuccessful in their attempts to obtain a suspect's authorization, even when armed with a court order signed by a judge. Delaware County Deputy District Attorney, Sheldon Kovach, believes "there is a potential for injured perpetrators to try to elude authorities via HIPAA"!

Run-ins with HIPAA are taking place nationwide. But, what about Michigan's law enforcement officials? What concerns do you have with HIPAA, and is your ability to function as a law enforcement officer frustrated by the Privacy Rules? Solutions for dealing with HIPAA range from "ignore it" to "we've just had to change the way we get information." However, real solutions demand thorough review of real problems. Take a moment to consider the following, and to share your comments or experiences. Our goal is simple - to analyze the HIPAA "problem areas" for Michigan's law enforcement officers, and to provide you with real solutions for effectively handling HIPAA.

Please take a few moments and answer the following questions. Responses along with your comments should be directed to Jana M. Berger at hipaa@foleymansfield.com. You are also welcome to submit questions and your comments not otherwise addressed above. All submissions will remain confidential.

	Have you encountered difficulty in obtaining information from emergency medical responders or from hospital personnel to complete accident reports or basic information in regard to accident victims?
	Have your department's internal processes, for obtaining information from medical service providers, changed as a result of HIPAA, and are the processes used efficient and effective? If not, what suggestions might you offer to streamline these processes?
	What are your perceptions of HIPAA's Privacy Rules? Do "privacy rights" seem to impede the administration of justice? Please explain.
	Is your department part of a "covered entity," such as a municipality, and if so, has your department identified itself as a "non-covered component"?
	What do you preceive to be the most significant problem, if any, encountered by you or by others in your profession, with respect to HIPAA's Privacy Rules? Please explain.

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