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Recent Posts by Chief901

 

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Jun 26, 2012
Male user Chief901 1 post

Topic: Letter of The Law / Prison Rape Elimination Act

There are lots of fallacie floating around when dealing with HIPAA and Correctional Facilities. Regardless of Correctional Facility or not any injury resulting from any unlawfull activity such as Rape are required to be reported to the Authorities.

45 CFR 164.512 Section (5) Correctional Institutions and other law enforcement custodial situations. (i) Permitted disclosures. A covered entity may disclose to a correctional institution or a law enforcement official having lawful custody of an inmae or other individual protected health information about such inmate or individual, if the correctional institution or such law enforcment official represents that such protected health information is necessary for: (A) The provision of health care to such individuals; (B) The health and safety of such individual or other inmate; © The health and safety of the officers, employees of or others at the correctional institution: (D) The health and safety of such individuals and officers or other persons responsible for the transporting of inmates or their transfer from one institution, facility or setting to another; (E) Law enforcement on the premises of the correctional institution; and for (F) the Administration and maintenance of the safety, security, and good order of the correctional institution. (ii) permitted uses. A covered entity that is a correctional institution may use protected health information of individuals who are inmates for any purpose for which such protected health information may be disclosed.

If an inmate was raped, and he reported it to medical staff, not only does that staff have an ethical responsibility to report it, the also have a legal responsibility and the HIPAA laws allow that report.




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