Legal preparedness to share information during disasters
This presentation is the property of its rightful owner.
Sponsored Links
1 / 20

Legal Preparedness to Share Information During Disasters PowerPoint PPT Presentation


  • 80 Views
  • Uploaded on
  • Presentation posted in: General

Legal Preparedness to Share Information During Disasters. Denise Chrysler, J.D., Director The Network – Mid-States Regional Center University of Michigan School of Public Health Presented May 8, 2013 National Disaster Epidemiology Workshop. Thank you!!.

Download Presentation

Legal Preparedness to Share Information During Disasters

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -

Presentation Transcript


Legal preparedness to share information during disasters

Legal Preparedness to Share Information During Disasters

Denise Chrysler, J.D., Director

The Network – Mid-States Regional Center

University of Michigan School of Public Health

Presented May 8, 2013

National Disaster Epidemiology Workshop


Legal preparedness to share information during disasters

Thank you!!

for your work to protect our community…..everyday and during extraordinarily conditions

Legal Preparedness to Share Information, May 8, 2013

2


Who are we and what do we do

Who are we and what do we do?

  • At no cost, the Network provides public health legal support:

    • Technical assistance

    • Resources

    • Opportunities to build connections

  • With a single point of entry to experts on a wide-range of topics, it’s practical, reliable and seamless.

Legal Preparedness to Share Information, May 8, 2013

3


Public health t opics

Public Health Topics

Working with experts around the country, the Network provides support on a variety of topics:

  • Cross-border public health

  • Emergency legal preparedness and response

  • Environmental public health

  • Food safety

  • Health reform

  • Health information data sharing

  • Injury prevention and safety

  • Obesity prevention

  • Public health agency accreditation and shared service delivery

  • Public health statutes and regulatory information

  • Tobacco control

  • Tribal public health law

  • And other topics

Legal Preparedness to Share Information, May 8, 2013

4


Data flows like a river

Other states

CDC

Data flows like a river

Physician

State Public Health

Patient

Law enforcement

Laboratory

Local Public Health

Family

Red Cross

  • Determine the data sources and recipients

  • Identify the data elements

  • Analyze law that governs each transfer

  • Deal with data dams and data diverters

Emergency Responders

Public

Media

Legal Preparedness to Share Information, May 8, 2013

5


Law governs every aspect of data

Lawgoverns every aspect of data

Collection

Use

Sharing

Protection

Law friend or foe?

- How does law help you do your job? - How is law a barrier?

Legal Preparedness to Share Information, May 8, 2013

6


Wish list

Wish list

Legal Preparedness to Share Information, May 8, 2013

7


Legal preparedness to share information during disasters

The Fine Print

This presentation is for informational purposes only. This presentation represents my understanding of various laws, and is not intended as a legal position or advice from the Network for Public Health Law or the University of Michigan School of Public Health.

For legal advice, attendees should consult with their own counsel.

Legal Preparedness to Share Information, May 8, 2013

8


Legal preparedness to share information during disasters

Collection

Surveillance

Investigation

Action

Legal Preparedness to Share Information, May 8, 2013

9


Collection use of data

Collection & use of data

  • Authority established by state law

  • Public health broad authority to collect data to prevent and control disease and protect public health (1977 S. Ct opinion, Whalen v Roe)

  • Corresponding duty to protect information

  • HIPAA should not impede public health data collection functions

  • HIPAA allows health care providers to provide identifiable health information to public health authorities and their agents for public health purposes

  • FERPA may be barrier to obtaining info from schools

Legal Preparedness to Share Information, May 8, 2013

10


Public health and law enforcement datasharing benefits challenges

Public Health and Law Enforcement Datasharing:Benefits & Challenges

  • Law enforcement as “police”

  • Overlapping but distinct missions and approaches that are complementary and conflicting

  • PH as agent of police (2001 S. Ct opinion, Ferguson v. City of Charleston)

  • Joint investigations

    • Evidence - Fourth Amendment warrant for search and seizure

    • Interviews – Fifth Amendment right against self-incrimination

  • Joint planning and training

    • Model Memorandum of Understanding

    • Forensic epidemiology

Legal Preparedness to Share Information, May 8, 2013

11


Sharing data

Sharing Data

What?

With whom?

For what purpose?

Competing interests: protect individual privacy, protect the public, inform the public

Legal Preparedness to Share Information, May 8, 2013

12


Challenges in sharing data

Challenges in Sharing Data

  • PH data – state law mostly governs (varies)

  • Each data type may be controlled by own law

  • Legal interpretations necessary–when in doubt lawyers say “no”

  • De-identification (HIPAA’s influence) & re-identification risk

    • No reasonable basis to believe that the information can be used to identify an individual

    • Lack of statistical expert

  • Media: Guidance on the release of information concerning deaths, epidemics or emerging diseases (AHCJ)

  • Legal Preparedness to Share Information, May 8, 2013

    13


    Michigan s hiv confidentiality law

    Michigan’s HIV confidentiality law

    Sec. 5131.

    (1) All reports, records, and data pertaining to testing, care, treatment, reporting, and research, and information pertaining to partner notification under section 5114a, that are associated with the serious communicable diseases or infections of HIV infection and acquired immunodeficiency syndrome are confidential. A person shall release reports, records, data, and information described in this subsection only pursuant to this section.

    Legal Preparedness to Share Information, May 8, 2013

    14


    Nebraska s communicable disease law

    Nebraska’s communicable disease law

    R.R.S. Neb. § 71-503.01

    When case reports and positive lab results must be reported to a public health agency, “such reports or notifications and the resulting investigations shall be confidential except as provided in this section, shall not be subject to subpoena, and shall be privileged and inadmissible in evidence in any legal proceeding of any kind or character and shall not be disclosed to any other department or agency of the State of Nebraska.”

    The section allows non-identifiable information to be reported to CDC to further the protection of public health and identifiable information to be provided to other health departments to ensure that investigations deemed necessary are made.

    Legal Preparedness to Share Information, May 8, 2013

    15


    State privacy laws

    State Privacy Laws:

    • Laws vary in addressing privacy concerns and scope of permissible sharing

    • ASTHO Legal Barriers Project Public Health and Information Sharing Toolkit – use State Analysis Guide to identify relevant privacy laws and conditions for disclosure

    Legal Preparedness to Share Information, May 8, 2013

    16


    Protection of data

    Protection of data

    • Freedom of Information laws (a/k/a Sunshine laws, Public Records laws)

    • Ensure open government

    • Government limited in ability to restrict access to data

    • General rule: Must provide information requested unless an exemption applies

    • May be problematic in the event of a public health emergency

    Legal Preparedness to Share Information, May 8, 2013

    17


    Common exemptions

    Information not subject to disclosure under another law

    Common exemptions

    Personal privacy

    Health information or records

    Business information

    Investigatory record

    National and/or state security

    Legal Preparedness to Share Information, May 8, 2013

    18


    Legal preparedness to share information during disasters

    Your turn!

    • What data challenges do you face?

    • How have you resolved datasharing concerns?

    • Is law a barrier to data collection, use, sharing, or protection needed to protect the public?

    • Do you have legal counsel available who assists you in meeting datasharing needs?

    • What is on your wish list to make your job easier?

    • How can we (CSTE, Network for Public Health Law and ASTHO) help?

    Legal Preparedness to Share Information, May 8, 2013

    19


    Thank you for listening

    Thank you for listening

    Denise Chrysler

    [email protected]


  • Login