Jana - Sac Aagaard

Senior Counsel at Dignity Health

185 Berry Street Suite 300, San Francisco, California, United States
Dignity Health
HQ Phone:
(415) 438-5500
Wrong Jana Aagaard?

Last Updated 10/13/2017

General Information

Employment History

Attorney  - Law Office of Jana Aagaard

Counsel  - Catholic Healthcare West

Web References  

MD Practice Alert: Strategies and E-Health Solutions for Medical Group Practice Managers

That frees the covered entity from a full-fledged minimum necessary analysis, says Jana Aagaard, an attorney for Catholic Healthcare West in California.It shifts to the requestor the burden of deciding what PHI is reasonably necessary to accomplish a particular goal."It looks like it is kind of a safe harbor from the requirement to really closely scrutinize requested information to make sure it's the minimum necessary," she says.The minimum necessary standard requires covered entities to ensure that the least possible amount of PHI is used or disclosed to accomplish the task at hand.To prevent this safeguard from obstructing treatment, HHS granted a sweeping exception for treatment.That means doctors can speak to nurses, and nurses can speak to other nurses and on and on without having to dwell for even a moment on the amount of PHI they are sharing, Aagaard says.According to Section 164.514(d) of the privacy regulation:"In certain circumstances, the Privacy Rule permits a covered entity to rely on the judgment of the party requesting the disclosure as to the minimum amount of information that is needed.Such reliance must be reasonable under the particular circumstances of the request.This reliance is permitted when the request is made by: a public official or agency for a disclosure permitted under Section 164.512 of the rule; another covered entity; a professional who is a workforce member or business associate of the covered entity holding the information; or a researcher with appropriate documentation from an Institutional Review Board (IRB) or Privacy Board.The rule does not require such reliance, however, and the covered entity always retains discretion to make its own minimum necessary determination for disclosures to which the standard applies."

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