HIPAA - Quick Ref 5

HIPAA Quick Reference Guide For Employees

5.0 Faxing Patient Information

Can I fax protected health information (PHI) to someone within the Medical Center?

Yes, if they have a legitimate need to know. Please read this section for more detailed instructions for faxing.

Can I fax protected health information (PHI) outside the Medical Center when the information is needed quickly for a legitimate need to know such as:

for an emergent patient care encounter,
for arranging services with another provider (i.e. continuity of care),
for a referring physician,
for mandated reporting requirements, or
for approval of services or to facilitate payment?

Yes, but limit the amount of information being faxed to the minimum amount necessary. Please read this section for more detailed instructions for faxing.

Do I have to do anything special when faxing patient information?

Each fax should be accompanied by a fax cover sheet.

Faxing of highly confidential information is not recommended. Faxing of highly confidential information is only permitted if the sender first calls the recipient and confirms that the recipient or his/her designee can be waiting at the fax machine, and then, the recipient or his/her designee waits at the fax machine to receive the fax and then calls the sender to confirm receipt of the document. Both the sender and the recipient must be attentive to the sensitive nature of highly confidential information.

[NOTE: Highly confidential information (as described in more detail in the highly confidential information section of this Guide) is information related to the treatment of any of the following: Mental illness or Developmental Disability, HIV/AIDS Testing or Treatment, Communicable Diseases, Venereal Disease(s), Substance (i.e. alcohol, drugs) Abuse, Abuse of an Adult with a Disability, Sexual Assault, Child Abuse and Neglect, Genetic Testing, Artificial Insemination, and Domestic Violence.]

What if I fax something to the wrong place?

If the fax was transmitted to the wrong recipient, in all cases follow these steps:

Fax a request to the incorrect fax number explaining that the information has been misdirected, and ask that the materials be returned or destroyed.
Document the incident by logging the inappropriate disclosure in the "DisclosureTrac" system and notify the HIPAA Privacy Office at 4-9716.
Verify the fax number with the recipient before attempting to fax the information again.

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