# HIPAA and LEO/EMT



## BorderDog (Aug 26, 2010)

For those of you in Law Enforcement and/or Corrections, how do you handle HIPAA privacy when information is requested from your non-EMS Chain-of-Command about medical care that you have provided?

I am pondering two scenarios in which this could be an issue.  

The first: you provided medical care to persons arrested / "in custody" and I'm thinking that the COC would have a need to know because of the custody / billing.

The second: you roll up on a MVC (not dispatched) and provide care.  Would the privacy rule come into effect with your COC and hence PHI could not be forwarded up?

Just curious to how you all are handling this.


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## Afflixion (Aug 30, 2010)

So I guess I will attempt to tackle this to the best of my knowledge, someone correct me if I am wrong.

First off the billing is an obvious yes, and they all have to take HIPAA classes as well, second If you are on duty and this happens you probably would not have to do much more than let your dispatch know you are first responding to a MVA so they can dispatch EMS, from there you would obviously hand off the patient(s) and clear the call after they are done.


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## BorderDog (Sep 2, 2010)

I was more wondering about those whose primary duties are LE or Corrections and are licensed EMTs.  At what point do you all pass on PHI and when do you not when dealing with your LE or Correctional chain of command?  

I know there are some Public Safety Officers that do all three (fire, ems, and law enforcement) but their COC is aware of and deals with HIPAA.  I am interested in   hearing some situations about dealing with LE bosses and HIPAA.


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## TraprMike (Oct 8, 2010)

*LEO/EMT here in MN*



BorderDog said:


> I was more wondering about those whose primary duties are LE or Corrections and are licensed EMTs.  At what point do you all pass on PHI and when do you not when dealing with your LE or Correctional chain of command?
> 
> I know there are some Public Safety Officers that do all three (fire, ems, and law enforcement) but their COC is aware of and deals with HIPAA.  I am interested in   hearing some situations about dealing with LE bosses and HIPAA.



I quoted this as a referance while responding. 

When I respond to a medical or accident, if all I do is administer O2 or hold C-Spine, pressure on bleeding simple FR stuff until the amb arrives, there is no report. (medical report, I will write a state accident report if it's a defined crash.)

Now if I do more then that. like CPR, Defib, then a complete police report is generated with names, addy's, DOB's of all involved. that report is put on the master computer files. and a copy is put in the daily report book for all the officers to read. 

on amb duty, then it's the PCR and that goes into the lock box in station.  if responding officers need names and such, we'll give that info to them if we have it. sometimes, as you know, it's load and go, figure out who the Pt is later. 


is this the answer type your looking for??


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## medicdan (Oct 8, 2010)

I operate alongside LEOs on every call at one of my departments. Police dispatch received the call, dispatches our units (and an officer to all calls), and maintains our times. When we retrieve the times, we give the dispatcher the patient's name and DOB, but no information about what actually happened on the call. The officer on scene remains outside unless, or until we request them, and generally has no patient contact. If the patient is transported, the officer on scene generates a report with details about the transport, but again, we give them no information, they operate only on the dispatched CC. 
Does this help?


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## BorderDog (Oct 8, 2010)

TraprMike said:


> I quoted this as a referance while responding.
> 
> When I respond to a medical or accident, if all I do is administer O2 or hold C-Spine, pressure on bleeding simple FR stuff until the amb arrives, there is no report. (medical report, I will write a state accident report if it's a defined crash.)
> 
> ...



Muchas gracias por este responce, that is what i was looking for.  The lines get kinda blurred when you wear multiple hats to an incident.


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## TraprMike (Oct 8, 2010)

BorderDog said:


> Muchas gracias por este responce, that is what i was looking for.  The lines get kinda blurred when you wear multiple hats to an incident.



you did bring up some very good questions. and I realy do not have the answers... it would be HIPAA no-no for some of the things that happen around here.. I'll be bringing this up at one of the many meeting i go to. just have to figure out what one.. :blush:


report has to be made, both PD and EMT, the PCR is very confidental, the PD report, while not available to public, is open to about 50 officers around here. 

the pd report isn't as extensive as the PCR, more or less, "I came onto scene rendered first aid by holding c spine or doing cpr until amb arrived. I transfered care to emt's at 0213 hrs. assisted amb until departure". something like that..

EDIT: of couse the pt name and addy will be on report.


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