PURPOSE
The purpose of this policy is to guide University of Mississippi Medical Center (UMMC) employees in making reports, including using protected health information (PHI) in these reports, to law enforcement officials when the need arises. This policy does not pertain to reporting of child neglect and abuse, elderly neglect and abuse, or for reporting of domestic violence.
SCOPE
The UMMC Reporting Incidents to Law Enforcement Agency Policy applies to any UMMC employee who reports incidents to appropriate law enforcement officials.
POLICY
It is UMMC policy that all disturbances, thefts or other violations of law occurring on campus be reported to the UMMC Campus Police. In situations where a crime is committed off campus, but, for some reason, under the auspice of a law or regulation, UMMC is required to report the crime, UMMC personnel will abide by such law and make a report as required. These types of reports will be made to the appropriate law enforcement official, rather than the UMMC Campus Police Department. Release of protected health information (PHI) to the appropriate law enforcement officials is permitted using proper UMMC procedures.
Disclosures for Identification and Location Purposes:
UMMC is permitted to disclose PHI in response to a law enforcement official’s request for such information for the purpose of identifying or locating a suspect, fugitive, material witness, or missing person, provided that only the following information is disclosed:
• Name and address;
• Date and place of birth;
• Social Security number;
• ABO blood type and rh factor;
• Type of injury;
• Date and time of treatment;
• Date and time of death, if applicable; and
• A description of distinguishing characteristics, including height, weight, gender, race, hair and eye color, presence or absence of facial hair (beard or mustache) scars and tattoos.
UMMC may not disclose, for the purposes of identification and location, PHI related to the individual’s DNA or DNA analysis, dental records, or PHI related to the typing of tissue samples or analysis of body fluids without court authority. Any requests related to the individual’s DNA or DNA analysis, dental records, or PHI related to the typing of tissue samples or analysis of body fluids should be referred to UMMC Legal Department for review.
Disclosure in Response to a Law Enforcement Official’s Request for Information:
• Victims of Crime:
UMMC may disclose to law enforcement PHI in response to law enforcement official’s request for such information about a patient who is or is suspected to be a victim of a crime if:
o The individual agrees to the disclosure; or
o If UMMC is unable to obtain the patient’s agreement because of his/her incapacity or other emergency circumstances, UMMC can still report to law enforcement provided that:
• The law enforcement official represents that such information is needed to determine whether a violation has occurred, and the PHI is not intended to be used against the victim.
• The law enforcement official represents that immediate law enforcement activity depends upon the disclosure would be materially and adversely affected by waiting until the individual is able to agree to the disclosure.
• The disclosure would be in the best interest of the individual as determined by UMMC in the exercise of professional judgment.
UMC can disclose to law enforcement official’s PHI about a patient who has died for the purpose of alerting law enforcement of the death of the patient if UMMC has a suspicion that such death may have resulted from criminal conduct.
UMMC can disclose PHI to campus police that UMMC believes in good faith constitutes evidence of criminal conduct that occurred on UMMC premises.
- Reporting Crime in an Emergency (except where UMMC personnel believes the crime is a result of abuse, neglect, or domestic violence of the individual in need of medical emergency care):
UMMC, when providing medical emergency care in places other than our campuses, may disclose PHI to a law enforcement official if such disclosure appears necessary to alert law enforcement to:
a. The commission and natures of a crime;
b. The location of such crime or of a victim of such crime; and
c. The identity, description and location of the perpetrator of such crime.
Reminder: This policy does not apply in the following instances:
1. Where the disclosure of PHI is for the crime of suspected or known child abuse or neglect;
2. Where the disclosure is about victims of abuse, neglect or domestic violence of adults/elderly;
3. Where the disclosure is in response to a court order, subpoena or summons, etc.
CONTACT INFORMATION
For questions about the UMMC Reporting Incidents to Law Enforcement Agency Policy or for more information, call the Office of Integrity and Compliance at 815-3944.