The Health Insurance Portability and Accountability Act (HIPAA) is a federal regulation in place to protect the confidentiality of protected patient health information (PHI). It is never okay to share protected health information with any member of the media without express approval from Montefiore PR. HIPAA concerns come up frequently, as reporters often ask for real-life examples of care.

PHI includes any information about a specific patient’s health or a patient’s behavior. Among other information, that may include:

• A patient’s name or specific identifying information
  • ex: “John Smith,” “the patient in room 172”
• General or specific examples of patient behavior in the hospital
  • ex: “He always smiled at me,” “He had many visitors,” “She didn’t eat much”
• A patient’s specific illness or diagnoses
  • ex: “type II diabetes,” “the flu”
• General or specific descriptions of a patient’s symptoms
  •  ex: “high blood pressure,” “temperature of 102 F,” “coughing

HIPAA does not become void after someone dies. Protections stay intact for 50 years after death, at which point an executor or family member may decide whether to disclose PHI.

PHI can be provided to media only if cleared by Montefiore PR. It is the responsibility of Montefiore PR to determine if it would be appropriate for patients to speak with a reporter and to confirm that the patient is comfortable speaking with a reporter. Montefiore PR also ensures that a written HIPAA authorization is in place.

It does not make a difference. Even with these techniques, a written HIPAA authorization would be required, because the privacy rule does not allow media access to patient PHI in the first place.

Information about an inpatient, outpatient or emergency department patient’s general condition may be released to the media by Montefiore PR if the inquiry specifically identifies the patient by name.

Information may not 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 patients brought to the hospital by the police and fire departments.

Guidelines used by Montefiore Einstein PR in releasing general patient conditions:

As long as a patient has not requested that information be withheld, Montefiore PR may release the patient’s one-word condition, based on a medical determination of one of the following:

Definitions:

• 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.
• Death: If a patient has not specifically prohibited information from being given out, the PR representative for Montefiore may respond to the media that the patient has died but may not provide the media with the date, time or cause of death. Authorization must be obtained from a personal representative of the deceased before any additional information about a deceased patient may be released.
• Location: A patient’s location in the hospital will never be given to the media. The fact that the person has been treated and released or discharged may be released to the media, but only if the patient is asked for by name. We will never disclose when or to where a patient has been released.

For all patients, permission to interview or photograph must be given by using the Montefiore Legal Department-approved media consent form before any questions are asked or film, videotape or still cameras are used.

Photographs

Permission for the media to photograph a patient may be given by Montefiore PR only if:

• the doctor considers that the patient’s condition will not be jeopardized;
• the patient is willing to be photographed and gives permission in writing on a Montefiore consent form; and,
• in the case of a minor, the parents or legal guardian give their written consent

Interviews 

Reporters may be permitted by Montefiore PR to interview a patient if:

• the patient is willing to be interviewed;
• the patient or parent signs a consent form; and, 
• in the physician’s opinion, the patient’s condition permits

Social Media 

For media contact through social media, please review the Social Media Policy VII-18.