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## U.S. Department of Health and Human Services’ Office for Civil Rights settles with Saint Joseph’s Medical Center

The U.S. Department of Health and Human Services’ Office for Civil Rights has reached a settlement with New York-based Saint Joseph’s Medical Center for potential violations of the Health Insurance Portability and Accountability Act of 1996 Privacy Rule. The settlement stems from the impermissible disclosure of COVID-19 patients’ protected health information to a national media outlet.

OCR’s investigation into Saint Joseph’s Medical Center was prompted by an article in the Associated Press that detailed the medical center’s response to the COVID-19 public health emergency. The article included photographs and information about the facility’s patients, which were distributed nationally, thereby exposing protected health information such as patients’ COVID-19 diagnoses, current medical statuses, medical prognoses, vital signs and treatment plans.

The agency found that St. Joseph’s disclosed three patients’ protected health information to the Associated Press without first obtaining written authorization from the patients, potentially violating the HIPAA Privacy Rule. Under the rule, a covered entity, including a healthcare provider, is prohibited from using or disclosing protected health information without permission. The only exceptions are when the rule explicitly permits or requires it, or when the individual (or their personal representative) authorizes it in writing.

The implications of this case are significant. Saint Joseph’s Medical Center agreed to pay $80,000 to OCR and to implement a corrective action plan that includes developing written policies and procedures to ensure compliance with the HIPAA Privacy Rule. The hospital also committed to training its workforce on the revised policies and procedures. OCR will monitor St. Joseph’s for two years to ensure compliance under the plan and with the law.

This settlement is part of a larger trend in 2020, when OCR issued guidance addressing permissible disclosures of protected health information for public health purposes. The guidance outlines circumstances in which such disclosures are allowed without an individual’s authorization, including when required by law, when a health information exchange is a business associate of the covered entity, and when acting under a grant of authority or contract with a public health authority.

The AI legalese decoder can help healthcare providers and organizations navigate complex legal regulations such as the HIPAA Privacy Rule, ensuring compliance and minimizing the risk of costly violations. By simplifying and interpreting legal jargon, the AI legalese decoder can assist in developing written policies and procedures that align with legal requirements and in training personnel to adhere to these regulations. It can also provide ongoing monitoring and guidance to ensure ongoing compliance and mitigate the potential legal and financial ramifications of non-compliance.

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