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GUIDANCE (June 3, 2008)

USE OF PROTECTED HEALTH INFORMATION (PHI) IN PUBLICATIONS

Publishing clinical results, departmental activities, and University of Chicago Medical Center (UCMC) advancements in educational/medical literature, newsletters, and other types of publications is fundamental to the UCMC mission.  However, it is important that we use and disclose protected health information (PHI) for these purposes in a HIPAA compliant manner.  This guidance applies to publications distributed inside and outside UCMC.

What Information is Covered?
PHI is defined as any information that can lead to the identity of a specific individual.  Below are examples of PHI that by themselves constitute PHI and therefore must be protected under HIPAA:

Patient Name
Patient Address
Birth Date
Discharge Date
Date of Death
Admission Date
Telephone Number
Fax Number
Email Address
Social Security Number
Medical Record Number
Health Plan Number
Account Number
Certificate/License Number
Vehicle/License Plate Number
Device Identifier & Serial Number
Diagnosis
Lab Tests/Results
Full face photographic images and any comparable images

How Can We Use PHI in Publications?
The HIPAA Privacy Rule allows physicians and staff to use and disclose PHI without a patient's written authorization only for purposes related to treatment, payment, and health care operations.  The HIPAA Privacy Rule does not allow the use of PHI in publications (e.g. medical articles, annual reports, newsletters, quality posters, and written case studies, etc), therefore a patient written authorization is required.

As such, UCMC physicians and staff who want to include PHI in publications may do so, but must follow the below guidelines: 

  1. Obtain Patient Written Authorization.  The physician, publisher, or marketing department seeks the patient's permission, and the patient signs a HIPAA compliant written authorization - Education Authorization Form (the signed authorization form should be maintained in the patient's medical record).  Only the PHI that the patient agrees may be used and that is reflected on the authorization form should be used and disclosed.
Reminders:


Back to Guidances


Quick Links:

Accounting of Disclosures
HIPAA Privacy Review
HIPAA Reference Sheet
Quick Reference Guide
Useful Links
HPO@bsd.uchicago.edu


Call 4-9716 for more details.

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