Recent changes in immigration enforcement policy that give immigration officials greater latitude to conduct enforcement activities at hospitals and other health care facilities should prompt health care providers to review their policies and trainings for responding to requests for information from law enforcement agencies. Many federal and state law enforcement agencies regularly seek to obtain information from health care providers to aid in law enforcement activities, usually by sending the provider a subpoena for records and giving the provider a certain amount of time in which to send a response. Unscheduled site visits from law enforcement agents requesting records, however, are not common, but they do occur.
Whether a law enforcement request takes the form of a subpoena or an unannounced visit from representatives of a law enforcement agency, health care providers will still need to determine the extent to which health information privacy laws, like HIPAA, permit the provider to disclose the requested information. Responding appropriately and lawfully to on-site requests from law enforcement, especially if the government claims to have a warrant, can present more issues for providers and their lawyers to work through under tighter time constraints. Being prepared helps.
Always include training for staff that are likely to be among the first to greet law enforcement officers. The initial interaction between law enforcement officers and the employees at a reception desk or a security guard in the lobby can set the tone for the rest of the visit. Preparing those staff members to respond appropriately to those situations will go a long way to helping ensure the provider meets their compliance obligations.