Updates for United States based technologists

Latest update in Neurodiagnostics & Patient Care

With reports nationwide of Immigration and Customs Enforcement Agents performing their job at schools, churches, and hospitals, it is important to know your responsibilities to your job and your patients. HIPAA, the Health Insurance Portability and Accountability Act is a federal law that regulates how we share patient information. We’ve mentioned HIPAA in our prior courses briefly and this is where that information is going to be crucial.

ICE agents are law enforcement but are not allowed to enter any secure areas, this includes testing rooms, patient rooms, and staff only areas. They are only allowed to be in public spaces and only when they are not disturbing anyone.

HIPAA states that we can only provide information to law enforcement if:

• Required by Law. Covered entities may use and disclose protected health information without individual authorization as required by law (including by statute, regulation, or court orders).²⁹

• Law Enforcement Purposes. Covered entities may disclose protected health information to law enforcement officials for law enforcement purposes under the following six circumstances, and subject to specified conditions:

  • (1) as required by law (including court orders, court-ordered warrants, subpoenas) and administrative requests;

  • (2) to identify or locate a suspect, fugitive, material witness, or missing person;

  • (3) in response to a law enforcement official's request for information about a victim or suspected victim of a crime;

  • (4) to alert law enforcement of a person's death, if the covered entity suspects that criminal activity caused the death;

  • (5) when a covered entity believes that protected health information is evidence of a crime that occurred on its premises; and

  • (6) by a covered health care provider in a medical emergency not occurring on its premises, when necessary to inform law enforcement about the commission and nature of a crime, the location of the crime or crime victims, and the perpetrator of the crime.³⁴

This means that they are only entitled to the minimum necessary information IF, and only if, they have a court order, warrant, or subpoena SIGNED by a judge.

Always direct your ICE Agent to your supervisor. This protects you from legal action.