Thanks for that reasoned response, Noel. Our specific question is, since you can read
an email address (you being someone out looking for insecure data on the internet)
even on an encrypted email, does the email address of a patient coming from a provider
or health plan constitute PHI because it indicates that patient is being treated by
the provider or has health coverage under the health plan?
Again, this seems like a very narrow reading of the regs - but the question came up,
and we want to check it out.
-----Original Message-----
From: Noel Chang [mailto:[EMAIL PROTECTED]]
Sent: Tue 1/28/2003 10:58 PM
To: WEDI SNIP Privacy Workgroup List
Cc:
Subject: RE: Is patient email address PHI?
I didn't respond to the original message because the question was not clear
to me.
When Susan wrote "Email address is listed in the reg as an identifier that
must be removed from data being disclosed" was she referring to the
requirement in section 164.514(b)(2)(i) that ennumerates the various
identifiers that must be removed for PHI to be de-identified under the "safe
harbor" method? If not, I'm not sure what else she meant by that statement.
Susan, can you cite where else the Rule requires that email addresses be
removed?
If Susan was referring to 164.514 then we are talking about a disclsoure of
de-identified information. Why would you be emailing an individual de-
identified information about themselves? Since you are emailing the
individual this would qualify as a permitted disclosure to the individual and
therefore there is no need to de-identify the information in the first place!
Please explain your situation better and please give specific citations as to
where you think there are conflicts with the Privacy Rule. Otherwise I'm
afraid I don't understand the question well enough to offer an opinion.
Noel Chang
--
Open WebMail Project (http://openwebmail.org)
---------- Original Message -----------
From: [EMAIL PROTECTED]
To: "WEDI SNIP Privacy Workgroup List" <[EMAIL PROTECTED]>
Sent: Tue, 28 Jan 2003 20:08:32 -0700
Subject: RE: Is patient email address PHI?
> I will go out on a limb with an unsubstantiated opinion because it
> is late
>
> Only if the email also contained health information or some indictor
> of health status - or - If they could infer by the name or address
> of the sender the health status of the recipient.
>
> Would anyone out there agree with that?
>
> -----Original Message-----
> From: Brousseau, Susan [mailto:[EMAIL PROTECTED]]
> Sent: Tuesday, January 28, 2003 4:58 PM
> To: WEDI SNIP Privacy Workgroup List
> Subject: Is patient email address PHI?
>
> This seems picayune, but: Email address is listed in the reg as an
> identifier that must be removed from data being disclosed. If we
> email a patient, would addressing that email to their email address
> be considered a violation of HIPAA?
>
> Thank you,
>
> Susan Brousseau
> Business Analyst
>
>
>
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