The 2006 NHIMA Guide for Privacy, Retention and Disclosure of Health Information in Nebraska is now available.

Table of Contents below.

One copy of the Guide is FREE to each NHIMA member.  To request your copy, email the Central Office at kim@consulthi.com.  Include your name, AHIMA ID# and the address you want it mailed to.

For non-members, open, print and complete the Order Form below and mail with payment to:
     NHIMA Central Office
     223 East 14th Street, Suite 240
     Hastings, NE 68901

If you have questions, please contact the Central Office by email at kim@consulthi.com or 402-463-6111.

Thank you to the numerous NHIMA members who contributed to the development of this Guide including:

Special thanks are also given to Julie A. Knutson, J.D., of Baird Holm LLP and Isaiah S. Wilson, 3rd year law student, for invaluable assistance in the legal review of this guide.

TABLE OF CONTENTS

Preface
About the NHIMA
Accessing Nebraska Statutes
Accessing State Rules & Regulations for Health Care

Chapter One - Introduction and General Discussion

Part 1 Introduction
Part 2 Matters Included and Excluded
Part 3 Ownership of the Record and the Information
Part 4 Patient Health Information Rights

Chapter Two – Collection / Content / Retention

Part 1 Health Records for All Patients
Part 2 Content Requirements
Part 3 Authentication Requirements
Part 4 Retention Requirements
Part 5 Destruction Requirements
Part 6 Amendments to Medical Records
Part 7 Privacy Considerations for Outsourced Services

Chapter Three – Authorization for Disclosure of Protected Health Information

Part 1 Authorization
Part 2 Required Elements of Authorization
Part 3 Scope of Authorization and Its Revocation
Part 4 Consent vs. Authorization
Part 5 Procedure for Disclosure
Part 6 Fees for Photocopies
Part 7 Refusal to Honor an Authorization
Part 8 Authorization by the Patient and Verification of Identity
Part 9 Authorization by Others

Chapter Four - Use and Disclosure of Protected Health Information (PHI)

Part 1 Protected Health Information (PHI)
Part 2 Minimum Necessary
Part 3 Treatment, Payment and Health Care Operations
Part 4 Business Associates
Part 5 Restrictions
Part 6 Redisclosure
Part 7 Accounting of Disclosures
Part 8 Cost Based Fees
Part 9 Facility Directory 164.510 (a) (1)
Part 10 Disclosure to Family, Friends and Others
Part 11 Workers' Compensation
Part 12 Law Enforcement
Part 13 Uses and Disclosures to Avert a Serious Threat to Health or Safety
Part 14 State and Federal Regulators
Part 15 Other Agencies and Organizations
Part 16 Coroner’s, Medical Examiners, and Funeral Directors
Part 17 Attorneys
Part 18 Physicians and Other Health Care Workers
Part 19 Confidential Communications
Part 20 Answering Machines
Part 21 Electronic Mail and Facsimile
Part 22 Research, IRB and Limited Data Set
Part 23 Anatomical Gifts

Chapter Five – Subpoenas, Depositions, Court Orders, Search Warrants

Part 1 Definitions
Part 2 Court Requirements for Subpoena
Part 3 Contents of a Valid Subpoena and Subpoena Duces Tecum
Part 4 Jurisdiction
Part 5 Considerations upon receiving a Subpoena
Part 6 Mailing Copies of Medical Records in Response to a Subpoena
Part 7 Appearance Required
Part 8 Permissible Charges for Copying Medical Records
Part 9 Conduct as a Witness
Part 10 Subpoenas for Alcohol and Drug Records
Part 11 Subpoenas for Communicable Diseases Records
Part 12 Subpoenas for Mental Health Records
Part 13 Other Records Maintained by a Health Care Provider
Part 14 Quashing or Modifying a Subpoena
Part 15 Interrogatories
Part 16 Failure to Comply with a Subpoena
Part 17 Depositions
Part 18 Court Orders
Part 19 HIPAA Legal Proceedings Rule
Part 20 Search Warrants

Chapter Six – Required Reporting to the Nebraska Health & Human Services System

Part 1 Adult Abuse
Part 2 Child Abuse
Part 3 Child Death Review
Part 4 Communicable Diseases
Part 5 Nebraska Birth Defects Registry
Part 6 Nebraska Cancer Registry
Part 7 E-Code Registry (Injury Surveillance Registry)
Part 8 Nebraska Head and Brain Injury Registry
Part 9 Hospital Statistics and Nursing Home Statistics
Part 10 Immunization Registry
Part 11 Newborn Hearing Screening
Part 12 Newborn Metabolic Screening
Part 13 Outpatient Surgical Procedures Data Act
Part 14 Nebraska Parkinson’s Disease Registry
Part 15 Statewide Trauma System Registry
Part 16 Vital Records – Certificate of Live Birth, Certificate of Fetal Death, Death Certificates, and Abortion Reports
Part 17 Release of Information from State Mandated Registries
Part 18 Reduction in Morbidity and Mortality Act

Chapter Seven - Miscellaneous

Part 1 Adoption
Part 2 HIV/AIDS
Part 3 Genetic Information
Part 4 Tests for Alcoholic Intoxication
Part 5 Alcohol and Drug Abuse Records
Part 6 Behavioral Health Records

Appendix A – AHIMA Code of Ethics
Appendix B – Record Retention
Appendix C - Excerpt from Nebraska Statute Section 71 Public Health and Welfare
Appendix D - HIPAA Authorization for Use and Disclosure
Appendix E – Sample Release of Information – Fees Policy
Appendix F - Subpoena
Appendix G – Notary Public Subpoena Duces Tecum
Appendix H – Rule 45 Subpoena
Appendix I – Certification of No Records
Appendix J - Subpoena Request Response
Appendix K – Sample Letter to Third Party
Appendix L – Affidavit of Custodian of Medical Records
Appendix M - Legal Proceedings Rule - 45 CFR § 164.512(e)
Appendix N – Nebraska HIV Statutes
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