HIPAA - Quick Ref 4

HIPAA Quick Reference Guide For Employees

4.0 Highly Confidential Information

I've heard the term highly confidential information, what's the difference between "highly confidential information" and "protected health information?"

Illinois state law has provided strict protection of certain health information, which we refer to as "highly confidential." We are required to treat this information with special care.

How do I know if the patient information I work with each day is considered "highly confidential?"

Highly Confidential Information includes:

Psychotherapy Notes (which are not part of the official medical record)
Information about a Mental illness or Developmental Disability
Information about HIV/AIDS Testing or Treatment (including the fact that an HIV test was ordered, performed or reported, regardless of whether the results of such tests were positive or negative)
Information about Communicable Diseases
Information about Venereal Disease(s)
Information about Substance (i.e., alcohol or drug) Abuse
Information about Genetic Testing
Information about Child Abuse and Neglect
Information about Abuse of an Adult with a Disability
Domestic Abuse/Violence
Information about Sexual Assault
Information about Artificial Insemination

Would I do anything differently when handling highly confidential information vs. PHI?

Extra precautions should be taken with Highly Confidential Information such as:

Even though a patient may have agreed to have a family member present when you are discussing the patient's general health, you should always check with the patient before discussing highly confidential information in the presence of family and/or friends.
While a patient may have given you permission to leave messages on an answering machine, you should never leave a message asking the patient to return a call concerning their HIV test results.

Additional guidelines are available in the Minimum Necessary Policy.

I have a signed form authorizing the use and disclosure of information to a patient's assistant. Can I release "Highly Confidential Information?"

First, you must determine if you need a consent to release medical information form or an authorization to release medical information form. Then, the form that you need must specifically identify the particular Highly Confidential Information that you may release. For example, if you have a signed authorization releasing the patient's mental health records from January 1, 2005 through the present to his lawyer, then you may release the mental health information for the specified time.

For questions, please contact Legal Affairs at 773-702-1057.

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