Conferences, Presentations, & Symposiums

Under the Privacy Rule, an educational activity conducted for the training of workforce members is considered a healthcare operation and can be conducted without patient authorization. In the academic setting, there are various types of conferences, symposiums and other presentations that may be held on or off campus. The information below serves as a guide to help you determine whether the conference you are conducting or will be attending falls under a healthcare operation and as such, does not require patient authorization.

I. Conferences that are Health Care Operations

LLUH Trainees

Educational conferences that are conducted in which LLUH students, trainees, interns, residents and/or LLUMC medical staff members learn under supervision to practice or improve their skills are covered under the health care operation provisions of the Privacy Rule.

Implication:

• PHI can be used for this purpose
• Minimum necessary requirements apply (i.e., only use identifiers as necessary for education)

Non-LLUAHSC Trainees

Students, trainees or practitioners not within the LLUH system must be covered under an affiliation agreement or have completed appropriate forms through Staff Development. If students, trainees or practitioners in attendance are not covered as indicated, you must only use de-identified information.

II. Conferences that are NOT healthcare operations

Within LLUAHSC

Conferences, symposiums and other presentations that are conducted within LLUH in which students, trainees or practitioners are not learning under supervision are NOT considered a health care operation.

Outside LLUAHSC

Conferences, symposiums and other presentations that are conducted outside LLUH are NOT considered a health care operation.

Implication:

• Obtain a HIPAA valid written patient authorization if PHI is to be used. You can use the Case Study authorization form.
• De-identify information if you do not obtain patient authorization (i.e., Remove all identifiers as listed at link De-Identification of Data)

You must not use any photos or images that can identify a patient, related to rare or unique case, or has the potential of being recognized by the patient or their relatives as belonging to them. Examples include full-face images and photos of a body part that has a tattoo that is notoriously known and unique to an individual or small group of individuals.

Minimum Necessary
Minimum necessary applies to activities that are permitted without patient authorization. For example, not all student lectures require patient identifiers. De-identify information when you are able to conduct the learning or teaching activity without patient identifiers. Note: For treatment, minimum necessary might include most identifiers, as well as information from the entire patient record.

Non-LLUH Trainees
Students, trainees or practitioners not within the LLUH system must be covered under an affiliation agreement or have completed appropriate forms through Staff Development. If students, trainees or practitioners in attendance are not covered as indicated, you must only use de-identified information. Reference Section IV below "De-Identification".

III. When must I de-identify patient information?

Examples of when you must de-identify patient information include (but may not be limited to):

• Conferences, symposiums and other presentations conducted within LLUH for purposes other than treatment, payment, and internal health care operations (e.g., professional conferences, public relation activities) without patient authorization.
• When non-LLUH entities/trainees without affiliation agreements or required forms are invited to or attend LLUH conferences, symposiums and other presentations held within the scope of treatment, payment, and internal health care operations.
• Conferences, symposiums and other presentations conducted outside LLUH without patient authorization.
• For case studies*, when if not de-identified, there is reason to believe that the study might identify the patient and you are unable to obtain patient authorization
• For any publication, when you are unable to obtain patient authorization.
• For any LLUH health care operation activity IF patient identifiers are not needed to conduct the activity.

* For more information on case studies and authorization forms for case studies, contact the Office of Sponsored Research or visit their website.

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