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1/ The Oxford Incident
What happened? A police officer in Oxford Ohio responded to a mass gathering hosted by Miami University (OH). He ran the driver's license of a resident of the house and discovered through the dispatch system that the resident was COVID-19 positive.
What happened? A police officer in Oxford Ohio responded to a mass gathering hosted by Miami University (OH). He ran the driver's license of a resident of the house and discovered through the dispatch system that the resident was COVID-19 positive.
2/ The officer was surprised because this was the first time the system had identified a suspect as being infected. The student confirmed with the officer that he was had been positive for a week and was under quarantine. The student further admitted that most people in the house
3/ were also COVID positive and under quarantine. The officer determined that the student was in violation of quarantine because the gathering at the house included people that were not infected.
Was this a HIPAA violation? No. HIPAA allows a covered entity
Was this a HIPAA violation? No. HIPAA allows a covered entity
4/ (the health department) to disclose PHI (personal health information) to a non-covered entity (the police dispatch system) in order to stop the spread of disease "when first responders may be at risk of infection".
5/ HHS guidance: "to disclose PHI to a police officer or other person who may come into contact with a person who tested positive for COVID-19, for purposes of preventing or controlling the spread of COVID-19. 45 CFR 164.512(b)(1)(iv)"
6/ Additionally, "[A 911] call center is permitted to inform a police officer being dispatched to the scene of the name, address, and screening results of the persons who may be encountered so that the officer can take extra precautions or use PPE
7/ "to lessen the officer’s risk of exposure to COVID-19, even if the subject of the dispatch is for a non-medical situation."
The State's Response
On April 20, 2020 the Director of the Ohio Department of Health issued an order using HIPAA guidelines.
The State's Response
On April 20, 2020 the Director of the Ohio Department of Health issued an order using HIPAA guidelines.
8/ "[The] information shall be used solely as necessary to control, mitigate or prevent the
spread of COVID-19 during these interactions." and "Once a person has recovered from COVID-19 the information shall be removed from the dispatch agency's system" and that once the COVID
spread of COVID-19 during these interactions." and "Once a person has recovered from COVID-19 the information shall be removed from the dispatch agency's system" and that once the COVID
9/ emergency has ended that all information in the system would be removed. In essence the data would be in the system for 14 days and no infected person should be revealed to a police officer as long as they were properly quarantined.
10/
There are additional powers that the police have under HIPAA.
Sources:
HHS Guidance: https://www.hhs.gov/sites/default/files/covid-19-hipaa-and-first-responders-508.pdf
Ohio Order: https://coronavirus.ohio.gov/static/publicorders/Directors-Order-to-Release-Information-to-Ohios-First-Responders.pdf
CDC’s National Institute for Occupational Safety and Health (NIOSH): https://www.cdc.gov/niosh/docs/2020-119/default.html?deliveryName=USCDC_10_4-DM24118.
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![10/There are additional powers that the police have under HIPAA.Sources: HHS Guidance: https://www.hhs.gov/sites/default/files/covid-19-hipaa-and-first-responders-508.pdfOhio Order: https://coronavirus.ohio.gov/static/publicorders/Directors-Order-to-Release-Information-to-Ohios-First-Responders.pdfCDC’s National Institute for Occupational Safety and Health (NIOSH): https://www.cdc.gov/niosh/docs/2020-119/default.html?deliveryName=USCDC_10_4-DM24118. [end]](https://pbs.twimg.com/media/Ehu0IIvXkAM-U8i.jpg "10/There are additional powers that the police have under HIPAA.Sources: HHS Guidance: https://www.hhs.gov/sites/default/files/covid-19-hipaa-and-first-responders-508.pdfOhio Order: https://coronavirus.ohio.gov/static/publicorders/Directors-Order-to-Release-Information-to-Ohios-First-Responders.pdfCDC’s National Institute for Occupational Safety and Health (NIOSH): https://www.cdc.gov/niosh/docs/2020-119/default.html?deliveryName=USCDC_10_4-DM24118. [end]")
![10/There are additional powers that the police have under HIPAA.Sources: HHS Guidance: https://www.hhs.gov/sites/default/files/covid-19-hipaa-and-first-responders-508.pdfOhio Order: https://coronavirus.ohio.gov/static/publicorders/Directors-Order-to-Release-Information-to-Ohios-First-Responders.pdfCDC’s National Institute for Occupational Safety and Health (NIOSH): https://www.cdc.gov/niosh/docs/2020-119/default.html?deliveryName=USCDC_10_4-DM24118. [end]](https://pbs.twimg.com/media/Ehu0MncWsAMcWD9.jpg "10/There are additional powers that the police have under HIPAA.Sources: HHS Guidance: https://www.hhs.gov/sites/default/files/covid-19-hipaa-and-first-responders-508.pdfOhio Order: https://coronavirus.ohio.gov/static/publicorders/Directors-Order-to-Release-Information-to-Ohios-First-Responders.pdfCDC’s National Institute for Occupational Safety and Health (NIOSH): https://www.cdc.gov/niosh/docs/2020-119/default.html?deliveryName=USCDC_10_4-DM24118. [end]")
![10/There are additional powers that the police have under HIPAA.Sources: HHS Guidance: https://www.hhs.gov/sites/default/files/covid-19-hipaa-and-first-responders-508.pdfOhio Order: https://coronavirus.ohio.gov/static/publicorders/Directors-Order-to-Release-Information-to-Ohios-First-Responders.pdfCDC’s National Institute for Occupational Safety and Health (NIOSH): https://www.cdc.gov/niosh/docs/2020-119/default.html?deliveryName=USCDC_10_4-DM24118. [end]](https://pbs.twimg.com/media/Ehu0OSdXkAUU5fa.jpg "10/There are additional powers that the police have under HIPAA.Sources: HHS Guidance: https://www.hhs.gov/sites/default/files/covid-19-hipaa-and-first-responders-508.pdfOhio Order: https://coronavirus.ohio.gov/static/publicorders/Directors-Order-to-Release-Information-to-Ohios-First-Responders.pdfCDC’s National Institute for Occupational Safety and Health (NIOSH): https://www.cdc.gov/niosh/docs/2020-119/default.html?deliveryName=USCDC_10_4-DM24118. [end]")
There are additional powers that the police have under HIPAA.
Sources:
HHS Guidance: https://www.hhs.gov/sites/default/files/covid-19-hipaa-and-first-responders-508.pdf
Ohio Order: https://coronavirus.ohio.gov/static/publicorders/Directors-Order-to-Release-Information-to-Ohios-First-Responders.pdf
CDC’s National Institute for Occupational Safety and Health (NIOSH): https://www.cdc.gov/niosh/docs/2020-119/default.html?deliveryName=USCDC_10_4-DM24118.
[end]
