For media inquiries, please call the Communications Officer at
307.739.7380.
Introduction
The Health Insurance Portability and Accountability Act of 1996 (HIPAA)
mandates regulations that govern privacy standards for health care information.
HIPAA regulations specify the purposes for which information may and may
not be released without authorization from the patient.
The following information is provided as a guideline for what information
may be released.
Inquiries about a patient's condition and location
Information about condition and location of an inpatient, outpatient or
emergency department patient may be released only if the inquiry specifically
contains the patient's name. No information may be given if a request
does not include a specific patient's name or if the patient requests
that the information not be released. This includes inquiries from the
news media.
As long as the patient has not requested that information be withheld,
authorized personnel may release the patient's one-word condition and
location without obtaining prior patient authorization.
One-word condition terms
Undetermined: Patient is awaiting physician and/or assessment.
Good: Vital signs are stable and within normal limits. Patient is conscious
and comfortable. Indicators are excellent.
Fair: Vital signs are stable and within normal limits. Patient is conscious,
but may be uncomfortable. Indicators are favorable.
Serious: Vital signs may be unstable and not within normal limits. Patient is
acutely ill. Indicators are questionable.
Critical: Vital signs are unstable and not within normal limits. Patient may be
unconscious. Indicators are unfavorable.
In addition, a health system may disclose to individuals who ask for the patient
by name, that a patient was treated and released. No specific health information
may be provided. Information regarding the date of release or where the
patient went upon release may not be given without patient authorization.
Moreover, disclosing that a patient is deceased is a permissible disclosure
as a statement of the patient's general condition. However, a health system
may not disclose information regarding the date, time or cause of death.
Beyond the one-word condition: Media access to patients
The following activities require written authorization from the patient:
Drafting a detailed statement (i.e., anything beyond the one-word condition)
for approval by the patient or the patient's legal representative.
Taking photographs of a patient
Interviewing a patient
If the patient is a minor, permission for any of these activities must
be obtained from the child's parent or legal guardian.
A health system representative will accompany the media at all times while they
are in the health system. Hospitals may deny the media access to any area at
their discretion.
Releasing patient information in a disaster situation
When appropriate, the health system may release general information to dispel
public anxiety.
In highly charged situations such as disasters, the public may benefit
from the release of general information when specific information cannot
be released. For example, the health system could indicate the number of patients
that have been brought to the health system by gender or age group (adults,
children, teenagers, etc.). This type of general information may help
reduce undue anxiety.
Matters of public record
What is a matter of public record?
Matters of public record refer to situations that are reportable by law
to public authorities such as law enforcement agencies, the coroner or
public health officer. While laws and/or regulations require health care
facilities to report a variety of information to public authorities, it
is not the responsibility of facilities to provide that information in
response to calls or other inquiries from the media or other parties,
including law enforcement officials. Instead, such calls should be directed
to the appropriate public authority.
Are public record cases different from other cases?
No. Patients who are involved in matters of public record have the same
privacy rights as all other patients, as far as the health system is concerned.
The mode of transportation by which the patient arrives at the health system
does not have bearing on our approach to releasing information about the
patient. The fact that someone has been transported to the health system by
a police or fire department from an accident, crime scene or fire is a
matter of public record likely to be reported by those agencies. These
public records may prompt media calls to the health system requesting a patient's
condition. Only the one-word condition will be given.
There are numerous state statutes addressing the reporting of incidents
such as child abuse. The fact that the health system has an obligation to report
certain confidential information to a government agency does not make
that information public and available to news reporters.
Media questions are referred to the public entity (such as the coroner's
office, police, fire or health department) that receives such reports.
The public entity is guided by the applicable statute as to whether it
can release any or all of the information received.
Are celebrity cases different?
No. Celebrities, public figures and public officials are not subject to
different standards than other patients when it comes to health system policies
for releasing information to the news media.
These guidelines are provided by the American Hospital Association.
