The recommendations are as follows:

·       Rewrite 51.30(b)8g. to allow disclosure, without consent, to all treating providers with a need to know: patient’s name, address, date of birth, date of service (s), diagnosis, medications, allergies, other relevant demographic information, name of mental health provider (s), diagnostics (biometrics such as labs not psychological testing), symptoms (pending confirmation of notation as discrete elements).

·       Rewrite 146.82(2)(d), 146.83(3) to mirror the HIPAA accounting of disclosures.

·       Delete 146.82(2)(b), redisclosure, and replace with language that allows disclosure with patient consent or as otherwise by law.

·       Rewrite 146.82 and 146.83 to allow oral disclosure to individuals involved in the care or treatment of the patient with patient agreement (not formal consent). Retain requirements for patient authorization to disclose any copy of a patient's medical record.  As whole this group agreed with using HIPAA as the standard for addressing verbal disclosures of health care information to family and friends involved in the care of the patient.  However, concerns were expressed that HIPAA was too subjective and failed to provide structure and definition regarding how to implement this provision.  Others expressed the opinion that they would not like to see this provision be written in a way that was stricter than what HIPAA allowed.  There appeared to be consensus that obtaining copies from patient health care records would continue to require the written authorization of the patient or their legally authorized representative.

 The eHealth Board was told that the Governor would be introducing legislation to address these recommendations in early 2008.  In addition DHFS will continue to work with WHA on additional changes to §146.81 -.84 that could be incorporated with the four recommendations adopted by the eHealth Board.  These additional changes to §146.82 stem from draft language to modernize §146.81 - .84 created by a WHA-convened workgroup of attorneys, privacy officers, and health information managers just prior to the initiation of the Governor’s eHealth initiative.   

Stay tuned….The Advocacy Team will keep WHIMA membership informed on the CoP or in  the Link.