Empathy List Archives

SD

Stephanie Duck

Mon, Apr 27, 2020 7:53 PM

Good afternoon,

City of Santa Cruz first responders (Fire and Police) are requesting the County disclose the location of individuals who have tested positive for COVID-19 so they can respond to a call for service accordingly. The County has refused to release this information. My understanding under HIPAA and recent guidance from the CDC is that a covered entity may disclose this information, but is not required to. 45 CFR 164.512(j)(i); https://www.hhs.gov/sites/default/files/covid-19-hipaa-and-first-responders-508.pdf.

I understand a similar question re HIPAA and the Ryan White Act was discussed briefly - but that was only whether such information could be released. Have any other cities or counties struggled with getting this information for first responders and have suggestions for how to proceed? Or had some success in obtaining this information?

Any help would be greatly appreciated.

Stephanie M. Duck
Attorney at Law

[cid:image001.png@01D37A61.279A33F0]
Atchison, Barisone & Condotti, APC
P.O. Box 481, Santa Cruz, CA 95061
333 Church Street, Santa Cruz, CA 95060
T: 831-423-8383 | F: 831-576-2269
sduck@abc-law.com mailto:sduck@abc-law.com

Please consider the environment before printing this email.

CONFIDENTIALITY NOTICE: This e-mail and any attachments may contain confidential and/or legally privileged information. If you are not the intended recipient, any review or use is strictly prohibited. If you have received this e-mail in error, please notify me and permanently delete this email and its attachments.

Good afternoon, City of Santa Cruz first responders (Fire and Police) are requesting the County disclose the location of individuals who have tested positive for COVID-19 so they can respond to a call for service accordingly. The County has refused to release this information. My understanding under HIPAA and recent guidance from the CDC is that a covered entity may disclose this information, but is not required to. 45 CFR 164.512(j)(i); https://www.hhs.gov/sites/default/files/covid-19-hipaa-and-first-responders-508.pdf. I understand a similar question re HIPAA and the Ryan White Act was discussed briefly - but that was only whether such information could be released. Have any other cities or counties struggled with getting this information for first responders and have suggestions for how to proceed? Or had some success in obtaining this information? Any help would be greatly appreciated. Stephanie M. Duck Attorney at Law [cid:image001.png@01D37A61.279A33F0] Atchison, Barisone & Condotti, APC P.O. Box 481, Santa Cruz, CA 95061 333 Church Street, Santa Cruz, CA 95060 T: 831-423-8383 | F: 831-576-2269 sduck@abc-law.com<mailto:sduck@abc-law.com> Please consider the environment before printing this email. CONFIDENTIALITY NOTICE: This e-mail and any attachments may contain confidential and/or legally privileged information. If you are not the intended recipient, any review or use is strictly prohibited. If you have received this e-mail in error, please notify me and permanently delete this email and its attachments.

RH

Ruley, Hilary B. (Law Dept)

Mon, Apr 27, 2020 7:59 PM

The City of Baltimore- and the rest of the counties in MD- have a state law that prevents the disclosure even if HIPPA would allow it. So make sure to check state laws as well as HIPPA.

From: Disasterrelief [mailto:disasterrelief-bounces@lists.imla.org] On Behalf Of Stephanie Duck
Sent: Monday, April 27, 2020 3:54 PM
To: disasterrelief@lists.imla.org
Subject: [Disasterrelief] Health Information Disclosed to First Responders re COVID-19

CAUTION: This email originated from outside of Baltimore City IT Network Systems.
Reminder: DO NOT click links or open attachments unless you recognize the sender and know that the content is safe. Report any suspicious activities to BCIT.ServiceDesk@baltimorecity.gov mailto:BCIT.ServiceDesk@baltimorecity.gov / 410-396-6648.
Good afternoon,

City of Santa Cruz first responders (Fire and Police) are requesting the County disclose the location of individuals who have tested positive for COVID-19 so they can respond to a call for service accordingly. The County has refused to release this information. My understanding under HIPAA and recent guidance from the CDC is that a covered entity may disclose this information, but is not required to. 45 CFR 164.512(j)(i); https://www.hhs.gov/sites/default/files/covid-19-hipaa-and-first-responders-508.pdf.

I understand a similar question re HIPAA and the Ryan White Act was discussed briefly - but that was only whether such information could be released. Have any other cities or counties struggled with getting this information for first responders and have suggestions for how to proceed? Or had some success in obtaining this information?

Any help would be greatly appreciated.

Stephanie M. Duck
Attorney at Law

[cid:image001.png@01D37A61.279A33F0]
Atchison, Barisone & Condotti, APC
P.O. Box 481, Santa Cruz, CA 95061
333 Church Street, Santa Cruz, CA 95060
T: 831-423-8383 | F: 831-576-2269
sduck@abc-law.com mailto:sduck@abc-law.com

Please consider the environment before printing this email.

CONFIDENTIALITY NOTICE: This e-mail and any attachments may contain confidential and/or legally privileged information. If you are not the intended recipient, any review or use is strictly prohibited. If you have received this e-mail in error, please notify me and permanently delete this email and its attachments.

The City of Baltimore- and the rest of the counties in MD- have a state law that prevents the disclosure even if HIPPA would allow it. So make sure to check state laws as well as HIPPA. From: Disasterrelief [mailto:disasterrelief-bounces@lists.imla.org] On Behalf Of Stephanie Duck Sent: Monday, April 27, 2020 3:54 PM To: disasterrelief@lists.imla.org Subject: [Disasterrelief] Health Information Disclosed to First Responders re COVID-19 CAUTION: This email originated from outside of Baltimore City IT Network Systems. Reminder: DO NOT click links or open attachments unless you recognize the sender and know that the content is safe. Report any suspicious activities to BCIT.ServiceDesk@baltimorecity.gov<mailto:BCIT.ServiceDesk@baltimorecity.gov> / 410-396-6648. Good afternoon, City of Santa Cruz first responders (Fire and Police) are requesting the County disclose the location of individuals who have tested positive for COVID-19 so they can respond to a call for service accordingly. The County has refused to release this information. My understanding under HIPAA and recent guidance from the CDC is that a covered entity may disclose this information, but is not required to. 45 CFR 164.512(j)(i); https://www.hhs.gov/sites/default/files/covid-19-hipaa-and-first-responders-508.pdf. I understand a similar question re HIPAA and the Ryan White Act was discussed briefly - but that was only whether such information could be released. Have any other cities or counties struggled with getting this information for first responders and have suggestions for how to proceed? Or had some success in obtaining this information? Any help would be greatly appreciated. Stephanie M. Duck Attorney at Law [cid:image001.png@01D37A61.279A33F0] Atchison, Barisone & Condotti, APC P.O. Box 481, Santa Cruz, CA 95061 333 Church Street, Santa Cruz, CA 95060 T: 831-423-8383 | F: 831-576-2269 sduck@abc-law.com<mailto:sduck@abc-law.com> Please consider the environment before printing this email. CONFIDENTIALITY NOTICE: This e-mail and any attachments may contain confidential and/or legally privileged information. If you are not the intended recipient, any review or use is strictly prohibited. If you have received this e-mail in error, please notify me and permanently delete this email and its attachments.

DS

Dawn S. Kelsey

Mon, Apr 27, 2020 8:12 PM

Here is an agreement that some of the health departments in Kentucky are using to provide that information.

From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Ruley, Hilary B. (Law Dept)
Sent: Monday, April 27, 2020 2:59 PM
To: Stephanie Duck sduck@abc-law.com; disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] Health Information Disclosed to First Responders re COVID-19

The City of Baltimore- and the rest of the counties in MD- have a state law that prevents the disclosure even if HIPPA would allow it. So make sure to check state laws as well as HIPPA.

From: Disasterrelief [mailto:disasterrelief-bounces@lists.imla.org] On Behalf Of Stephanie Duck
Sent: Monday, April 27, 2020 3:54 PM
To: disasterrelief@lists.imla.org mailto:disasterrelief@lists.imla.org
Subject: [Disasterrelief] Health Information Disclosed to First Responders re COVID-19

CAUTION: This email originated from outside of Baltimore City IT Network Systems.
Reminder: DO NOT click links or open attachments unless you recognize the sender and know that the content is safe. Report any suspicious activities to BCIT.ServiceDesk@baltimorecity.gov mailto:BCIT.ServiceDesk@baltimorecity.gov / 410-396-6648.
Good afternoon,

City of Santa Cruz first responders (Fire and Police) are requesting the County disclose the location of individuals who have tested positive for COVID-19 so they can respond to a call for service accordingly. The County has refused to release this information. My understanding under HIPAA and recent guidance from the CDC is that a covered entity may disclose this information, but is not required to. 45 CFR 164.512(j)(i); https://www.hhs.gov/sites/default/files/covid-19-hipaa-and-first-responders-508.pdf.

I understand a similar question re HIPAA and the Ryan White Act was discussed briefly - but that was only whether such information could be released. Have any other cities or counties struggled with getting this information for first responders and have suggestions for how to proceed? Or had some success in obtaining this information?

Any help would be greatly appreciated.

Stephanie M. Duck
Attorney at Law

[cid:image001.png@01D37A61.279A33F0]

Atchison, Barisone & Condotti, APC
P.O. Box 481, Santa Cruz, CA 95061
333 Church Street, Santa Cruz, CA 95060
T: 831-423-8383 | F: 831-576-2269
sduck@abc-law.com mailto:sduck@abc-law.com

Please consider the environment before printing this email.

CONFIDENTIALITY NOTICE: This e-mail and any attachments may contain confidential and/or legally privileged information. If you are not the intended recipient, any review or use is strictly prohibited. If you have received this e-mail in error, please notify me and permanently delete this email and its attachments.

Here is an agreement that some of the health departments in Kentucky are using to provide that information. From: Disasterrelief <disasterrelief-bounces@lists.imla.org> On Behalf Of Ruley, Hilary B. (Law Dept) Sent: Monday, April 27, 2020 2:59 PM To: Stephanie Duck <sduck@abc-law.com>; disasterrelief@lists.imla.org Subject: Re: [Disasterrelief] Health Information Disclosed to First Responders re COVID-19 The City of Baltimore- and the rest of the counties in MD- have a state law that prevents the disclosure even if HIPPA would allow it. So make sure to check state laws as well as HIPPA. From: Disasterrelief [mailto:disasterrelief-bounces@lists.imla.org] On Behalf Of Stephanie Duck Sent: Monday, April 27, 2020 3:54 PM To: disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Subject: [Disasterrelief] Health Information Disclosed to First Responders re COVID-19 CAUTION: This email originated from outside of Baltimore City IT Network Systems. Reminder: DO NOT click links or open attachments unless you recognize the sender and know that the content is safe. Report any suspicious activities to BCIT.ServiceDesk@baltimorecity.gov<mailto:BCIT.ServiceDesk@baltimorecity.gov> / 410-396-6648. Good afternoon, City of Santa Cruz first responders (Fire and Police) are requesting the County disclose the location of individuals who have tested positive for COVID-19 so they can respond to a call for service accordingly. The County has refused to release this information. My understanding under HIPAA and recent guidance from the CDC is that a covered entity may disclose this information, but is not required to. 45 CFR 164.512(j)(i); https://www.hhs.gov/sites/default/files/covid-19-hipaa-and-first-responders-508.pdf. I understand a similar question re HIPAA and the Ryan White Act was discussed briefly - but that was only whether such information could be released. Have any other cities or counties struggled with getting this information for first responders and have suggestions for how to proceed? Or had some success in obtaining this information? Any help would be greatly appreciated. Stephanie M. Duck Attorney at Law [cid:image001.png@01D37A61.279A33F0] Atchison, Barisone & Condotti, APC P.O. Box 481, Santa Cruz, CA 95061 333 Church Street, Santa Cruz, CA 95060 T: 831-423-8383 | F: 831-576-2269 sduck@abc-law.com<mailto:sduck@abc-law.com> Please consider the environment before printing this email. CONFIDENTIALITY NOTICE: This e-mail and any attachments may contain confidential and/or legally privileged information. If you are not the intended recipient, any review or use is strictly prohibited. If you have received this e-mail in error, please notify me and permanently delete this email and its attachments.

KM

Kay Macuil

Mon, Apr 27, 2020 11:21 PM

You are correct. The City of Yuma, Arizona, obtained the attached Order of Protection to get location information for 1st Responders. After the Court Order, Public Health voluntarily provided it to all municipalities and the County upon request and promises to keep the information confidential.

Best regards,

Kay
Kay Marion Macuil
San Luis City Attorney
CONFIDENTIALITY NOTICE: This e-mail and any attachment to it are STRICTLY CONFIDENTIAL and may contain privileged information only for the intended recipient or recipients. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, this notifies you that reading the e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify me by reply e-mail at kmacuil@sanluisaz.gov mailto:kmacuil@sanluisaz.gov and delete the e-mail and all attachments from your system. Thank you.

From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Stephanie Duck
Sent: Monday, April 27, 2020 12:54 PM
To: disasterrelief@lists.imla.org
Subject: [EXTERNAL] [Disasterrelief] Health Information Disclosed to First Responders re COVID-19

Good afternoon,

City of Santa Cruz first responders (Fire and Police) are requesting the County disclose the location of individuals who have tested positive for COVID-19 so they can respond to a call for service accordingly. The County has refused to release this information. My understanding under HIPAA and recent guidance from the CDC is that a covered entity may disclose this information, but is not required to. 45 CFR 164.512(j)(i); https://www.hhs.gov/sites/default/files/covid-19-hipaa-and-first-responders-508.pdf https://www.hhs.gov/sites/default/files/covid-19-hipaa-and-first-responders-508.pdf.

I understand a similar question re HIPAA and the Ryan White Act was discussed briefly - but that was only whether such information could be released. Have any other cities or counties struggled with getting this information for first responders and have suggestions for how to proceed? Or had some success in obtaining this information?

Any help would be greatly appreciated.

Stephanie M. Duck
Attorney at Law

[cid:image001.png@01D37A61.279A33F0]

Atchison, Barisone & Condotti, APC
P.O. Box 481, Santa Cruz, CA 95061
333 Church Street, Santa Cruz, CA 95060
T: 831-423-8383 | F: 831-576-2269
sduck@abc-law.com mailto:sduck@abc-law.com

Please consider the environment before printing this email.

CONFIDENTIALITY NOTICE: This e-mail and any attachments may contain confidential and/or legally privileged information. If you are not the intended recipient, any review or use is strictly prohibited. If you have received this e-mail in error, please notify me and permanently delete this email and its attachments.

You are correct. The City of Yuma, Arizona, obtained the attached Order of Protection to get location information for 1st Responders. After the Court Order, Public Health voluntarily provided it to all municipalities and the County upon request and promises to keep the information confidential. Best regards, Kay Kay Marion Macuil San Luis City Attorney CONFIDENTIALITY NOTICE: This e-mail and any attachment to it are STRICTLY CONFIDENTIAL and may contain privileged information only for the intended recipient or recipients. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, this notifies you that reading the e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify me by reply e-mail at kmacuil@sanluisaz.gov<mailto:kmacuil@sanluisaz.gov> and delete the e-mail and all attachments from your system. Thank you. From: Disasterrelief <disasterrelief-bounces@lists.imla.org> On Behalf Of Stephanie Duck Sent: Monday, April 27, 2020 12:54 PM To: disasterrelief@lists.imla.org Subject: [EXTERNAL] [Disasterrelief] Health Information Disclosed to First Responders re COVID-19 Good afternoon, City of Santa Cruz first responders (Fire and Police) are requesting the County disclose the location of individuals who have tested positive for COVID-19 so they can respond to a call for service accordingly. The County has refused to release this information. My understanding under HIPAA and recent guidance from the CDC is that a covered entity may disclose this information, but is not required to. 45 CFR 164.512(j)(i); https://www.hhs.gov/sites/default/files/covid-19-hipaa-and-first-responders-508.pdf<https://www.hhs.gov/sites/default/files/covid-19-hipaa-and-first-responders-508.pdf>. I understand a similar question re HIPAA and the Ryan White Act was discussed briefly - but that was only whether such information could be released. Have any other cities or counties struggled with getting this information for first responders and have suggestions for how to proceed? Or had some success in obtaining this information? Any help would be greatly appreciated. Stephanie M. Duck Attorney at Law [cid:image001.png@01D37A61.279A33F0] Atchison, Barisone & Condotti, APC P.O. Box 481, Santa Cruz, CA 95061 333 Church Street, Santa Cruz, CA 95060 T: 831-423-8383 | F: 831-576-2269 sduck@abc-law.com<mailto:sduck@abc-law.com> Please consider the environment before printing this email. CONFIDENTIALITY NOTICE: This e-mail and any attachments may contain confidential and/or legally privileged information. If you are not the intended recipient, any review or use is strictly prohibited. If you have received this e-mail in error, please notify me and permanently delete this email and its attachments.