Pathology/Lab Coding Alert

Question: If our lab reports someone who is an illegal immigrant, is this a violation of HIPAA?

Georgia Subscriber

Answer: The answer depends on the specific facts of the situation, but Northeast Women’s Healthcare Clinic in Atascocita, Texas is facing the same question.

In that case, an existing patient went to the clinic for a routine annual gynecological appointment and offered a fake driver’s license during check-in. Staff retained the woman in the exam room while they called law enforcement officials, and then law enforcement arrested the woman.

Law enforcement officials are now holding the woman for deportation. Some say that healthcare providers may only provide patient information to law enforcement pursuant to a court-ordered warrant, subpoena, or summons.

But this is incorrect. Because the patient gave a fake driver’s license, she committed a crime that occurred on the clinic’s premises. Healthcare providers may report crimes that occur at their premises.

Lab impact: You shouldn’t often encounter this situation because labs rely on the ordering physician to gather much basic patient information. But if the patient presents to the lab for a specimen draw, you’ll need to verify identification and may encounter this scenario.