HIPAA and MSU Health Care, Inc.

MSU has established MSU Health Care, Inc., a non-profit corporation created to be the clinical enterprise of MSU’s College of Human Medicine, College of Nursing and College of Osteopathic Medicine. MSU Health Care's predecessor, MSU HealthTeam, will become fully integrated into MSU Health Care as of July 1, 2020. As a result of this integration, as of July 1, 2020, MSU HealthTeam medical records will be transferred to MSU Health Care, and MSU Health Care will become the responsible covered entity for the medical records and the associated protected health information (PHI). This transfer will impact the future disclosure of PHI for research purposes on or after July 1, 2020.

How does this transfer impact my research study?

If you plan to obtain PHI from MSU Heath Care on or after July 1, 2020 for your research study, you will need to obtain a new signed Health Insurance Portability and Accountability Act (HIPAA) Authorization from the study subject or the MSU IRB will need to grant a new waiver of HIPAA authorization. We encourage you to obtain a new signed HIPAA Authorization prior to July 1, 2020, if possible, in addition to the current HRP-538 - Template - MSU Authorization to Use or Disclose Health Information. A new template, HRP-571 – Template - MSU Health Care Authorization to Use or Disclose Health Information, has been created and is available at http://hrpp.msu.edu/templates/index.html

What if I am obtaining PHI that was created prior to July 1, 2020?

These requirements apply if you are obtaining any PHI after July 1, 2020, even if the PHI was created prior to that date. For example, if on July 1, 2020 you are obtaining an MRI scan that was conducted on June 1, 2019, a new signed MSU Health Care Authorization or waiver of authorization is needed.

What if I am not obtaining PHI on or after July 1, 2020, but I plan to continue to analyze the data?

If you are not obtaining any protected health information after July 1, 2020, but continue to analyze the data, a new signed MSU Health Care Authorization is not required.

What if I have difficulty obtaining a new signed MSU Health Care Authorization as a result of COVID-19?

Please talk with MSU Health Care if you may have difficulty obtaining a signed MSU Health Care Authorization.

Do I need do anything if I am obtaining PHI through a waiver of authorization?

Yes. The MSU Human Research Protection Program (HRPP) Compliance office will be separately sending out an email communication to researchers who have been issued a waiver of authorization. You will need to respond to the email to let the MSU HRPP know that you still need to access data on or after July 1, 2020.

Who do I contact with questions?

If you have questions regarding your research please contact the MSU HRPP Compliance office at hrl@ora.msu.edu. For specific questions regarding MSU Health Care please contact Sue Dolby at dolbys@msu.edu.