Biomedical Engineering Reference
In-Depth Information
5. If a large number of incoming patients require
isolation due to contamination or infectious
disease, where will they be placed? Who will
care for them, and what protective equipment,
supplies, or facility changes will be needed?
6. Does the organization have an identified area
for family members and other concerned indi-
viduals to obtain information about patients at
the facility? Has it identified needed resources
for such individuals, including food and water,
as well as emotional and spiritual counselors?
7. Has the organization trained the emergency
department and other relevant staff in tech-
niques of triage? Does the organization provide
emotional and spiritual support for front-line
staff engaged in triage and treatment?
reporting each type of communicable disease?
(Particular attention should be paid to those
communicable diseases that are identified
as “Category A” critical biological agents—
anthrax, botulism, plague, smallpox, tularemia,
and viral hemorrhagic fevers).
3. Has the organization's staff been informed
of confidentiality requirements whenever
reporting of communicable diseases to any
government agency is mandated by law?
4. Has the organization assessed the availability
of legal immunity for a person making such a
report?
5. Has the organization distributed guidelines
to personnel and medical staff describing
permissible uses and disclosures of protected
health information for public health and other
reporting purposes under HIPAA?
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D. Reporting Requirements
Each state has its own requirements for reporting
communicable diseases and conditions to either
local or state health departments who, in turn,
report information to the CDC. Some local juris-
dictions also may have communicable-disease
reporting requirements. The time and manner
of reporting likely will vary among jurisdic-
tions and among diseases. Some state laws
on communicable-disease reporting may bestow
immunity on some individuals making such
reports.
E. Personnel Issues
In addition to their role as providers of health-
care services, healthcare institutions also are
employers. In this context, healthcare institu-
tions must comply with myriad state and federal
laws. In the event of an emergency, institutional
personnel of all varieties will be called upon to
perform various functions, both within and outside
of their typical scope of duties. Preparing for
and dealing with the aftermath of a crisis will
involve an array of duties not only to the public
and individual patients, but to the institution's
employees as well. Although the laws and regu-
lations discussed in this section apply specifically
to the employment relationship between healthcare
1. Has the organization identified the
communicable-disease reporting laws for state
or local jurisdictions?
2. Are those responsible for making the reports
aware of the timeframes and procedures for
24
See generally
Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1936 (codified as
amended in scattered sections of 26, 29, and 42 U.S.C.) (establishing guidelines for confidentiality issues). The Department of Health
and Human Services has issued a Privacy Rule that provides comprehensive Federal protection for the privacy of health information.
Standards for Privacy of Individually Identifiable Health Information, 65 Fed. Reg. 82,462, 82,596 (Dec. 28, 2000) (codified at 45
C.F.R. pts. 160, 164). The Privacy Rule recognizes that various agencies and public officials will need protected health information
(PHI) to deal effectively with a bioterrorism threat or emergency. To facilitate the communications that are essential to a quick and
effective response to such events, the Privacy Rule permits covered entities to disclose needed information to public officials in
a variety of ways. Covered entities may disclose PHI without the individual's authorization to a public health authority acting as
authorized by law in response to a bioterrorism threat or public health emergency. 45 C.F.R. § 164512b (2004). The Privacy Rule
also permits a covered entity to disclose PHI to public officials who are reasonably able to prevent or lessen a serious and imminent
threat to public health or safety related to bioterrorism.
