Provider Resources: Documenting Safely
Simply put, HIPAA laws are still in place, which means any health information that might identify a specific individual is protected by the law. That said, experts advise that, as much as possible without hindering clinical care, providers AVOID COLLECTING OR RECORDING immigration-related information.
HIPAA & The Chart:
HIPAA isn't a blanket privacy law, and providers are required to disclose PHI without a patient's consent for judicial proceedings, administrative proceedings, and law enforcement activities (a warrant is required).
THUS, information in a patient's medical record is NOT completely safe.
PHI, Law Enforcement, & The Fourth Amendment
American Hospital Association
Guidelines for Releasing Patient Information to Law Enforcement
US Department of Health & Human Services
When does the Privacy Rule allow covered entities to disclose PHI to law enforcement officials?
Reviews conditions when a provider is required to release PHI