Can an Advocate Be Called to the Emergency Room to Assist a Victim Without Prior Victim Consent?

Yes, under these conditions:

1.  A SANE nurse or other hospital personnel can contact an advocate without giving any personally specific information about the patient (except as noted in the HIPAA Privacy Guidelines, page 4, below); before the advocate enters the room, the client is asked to sign a consent form.

or

2.  The advocacy agency can sign a Business Associate Agreement with the hospital, which allows the hospital to share information because those advocates are then considered staff.

• HIPAA Privacy Guidelines and Sexual Assault Crisis Centers - This is absolutely essential reading for every Community Sexual Assault Center and SANE nurse.  Simply stated, it tells what medical care providers can and cannot share with sexual assault service providers, how to establish a Business Associate Agreement, and much more. 
• International Association of Forensic Nurses – Handout on HIPAA and Victim Privacy
• Health and Human Services information on Business Associate Contracts