(5) Correctional institutions and other law enforcement custodial situations -. (ii) Separation or discharge from military service. Such information may also be disclosed in response to a subpoena or other lawful process if certain assurances regarding notice to the individual or a protective order are provided. 
Exception to health oversight activities. (iii) No application after release. The provisions of this paragraph do not supersede other provisions of this section that otherwise permit or restrict uses or disclosures of protected health information. (B) The purposes for which the protected health information may be used or disclosed. Covered entities may also disclose to law enforcement if the information is needed to identify or apprehend an escapee or violent criminal. (iv) Foreign military personnel. Except for disclosures required by law as permitted by paragraph (f)(1) of this section, a covered entity may disclose protected health information in response to a law enforcement official's request for such information for the purpose of identifying or locating a suspect, fugitive, material witness, or missing person, provided that: (i) The covered entity may disclose only the following information: (G) Date and time of death, if applicable; and. (l) Standard: Disclosures for workers' compensation. Nothwithstanding paragraph (d)(2) of this section, if a health oversight activity or investigation is conducted in conjunction with an oversight activity or investigation relating to a claim for public benefits not related to health, the joint activity or investigation is considered a health oversight activity for purposes of paragraph (d) of this section. Permitted disclosures: Limited information for identification and location purposes. (c) Standard: Disclosures about victims of abuse, neglect or domestic violence -. A covered entity also may rely on an individuals informal permission to disclose to the individuals family, relatives, or friends, or to other persons whom the individual identifies, protected health information directly relevant to that persons involvement in the individuals care or payment for care. A covered entity may disclose protected health information to authorized federal officials for the conduct of lawful intelligence, counter-intelligence, and other national security activities authorized by the National Security Act (50 U.S.C. Correctional institutions and other law enforcement custodial situations. Permitted disclosure: Victims of a crime. A covered entity that is a component of the Department of State may use protected health information to make medical suitability determinations and may disclose whether or not the individual was determined to be medically suitable to the officials in the Department of State who need access to such information for the following purposes: (i) For the purpose of a required security clearance conducted pursuant to Executive Orders 10450 and 12968; (ii) As necessary to determine worldwide availability or availability for mandatory service abroad under sections 101(a)(4) and 504 of the Foreign Service Act; or. A covered entity is permitted, but not required, to use and disclose protected health information, without an individuals authorization, for the following purposes or situations: A covered entity may be permitted to disclose protected health information to the individual who is the subject of the information. A brief description of the protected health information for which use or access has been determined to be necessary by the institutional review board or privacy board, pursuant to paragraph (i)(2)(ii)(C) of this section; (iv) Review and approval procedures. (3) Limit on information that may be disclosed. (i) Permitted disclosures. 191 0 obj
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Research is any systematic investigation designed to develop or contribute to generalizable knowledge. Covered entities may disclose protected health information to health oversight agencies for purposes of legally authorized health oversight activities, such as audits and investigations necessary for oversight of the health care system and government benefit programs. (4) Permitted disclosure: Decedents. htPj0JC!"ep+[fGJ`p:y[ -XxTDGlW,%63|__i,B^/f^(@m~'A/xH%bUkSgIPvI}NJ&0Y3\Pa;o~wlGZm"0 (iii) To the extent the disclosure is expressly authorized by statute or regulation and: (A) The covered entity, in the exercise of professional judgment, believes the disclosure is necessary to prevent serious harm to the individual or other potential victims; or. 922(g)(4), provided the covered entity: (i) Is a State agency or other entity that is, or contains an entity that is: (A) An entity designated by the State to report, or which collects information for purposes of reporting, on behalf of the State, to the National Instant Criminal Background Check System; or, (B) A court, board, commission, or other lawful authority that makes the commitment or adjudication that causes an individual to become subject to 18 U.S.C. 164.512 Uses and disclosures for which an authorization or opportunity to agree or object is not required. Payment also includes activities of a. to obtain payment or be reimbursed for the provision of health care to an individual. (2) National security and intelligence activities. (f) Standard: Disclosures for law enforcement purposes.
(d) Standard: Uses and disclosures for health oversight activities -. All Rights Reserved |, Under the HIPAA Privacy Rule, a covered entity, disclose protected health information in only two situations: (a) to individuals (or their personal representatives) specifically when they request, , their protected health information; and (b) to the. Standard: Disclosures for workers' compensation. (2) Funeral directors. Standard: Disclosures for judicial and administrative proceedings. A covered entity that makes a disclosure permitted by paragraph (c)(1) of this section must promptly inform the individual that such a report has been or will be made, except if: (i) The covered entity, in the exercise of professional judgment, believes informing the individual would place the individual at risk of serious harm; or. endstream
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If a covered entity also is a health oversight agency, the covered entity may use protected health information for health oversight activities as permitted by paragraph (d) of this section. (vi) A school, about an individual who is a student or prospective student of the school, if: (A) The protected health information that is disclosed is limited to proof of immunization; (B) The school is required by State or other law to have such proof of immunization prior to admitting the individual; and. (D) To conduct post marketing surveillance; (iv) A person who may have been exposed to a communicable disease or may otherwise be at risk of contracting or spreading a disease or condition, if the covered entity or public health authority is authorized by law to notify such person as necessary in the conduct of a public health intervention or investigation; or. (1) Permitted uses and disclosures. (B) The party seeking the protected health information has requested a qualified protective order from such court or administrative tribunal. (B) Where it appears from all the circumstances that the individual has escaped from a correctional institution or from lawful custody, as those terms are defined in 164.501. Using our simplified software and Compliance Coaches we give you everything you need for HIPAA compliance with all the guidance you need along the way. (iv) Entities subject to civil rights laws for which health information is necessary for determining compliance. Protective services for the President and others. The covered entity obtains from the researcher representations that: (A) Use or disclosure is sought solely to review protected health information as necessary to prepare a research protocol or for similar purposes preparatory to research; (B) No protected health information is to be removed from the covered entity by the researcher in the course of the review; and. A covered entity may use or disclose protected health information for purposes of reporting to the National Instant Criminal Background Check System the identity of an individual who is prohibited from possessing a firearm under 18 U.S.C. (2) Exception to health oversight activities. (2) Use or disclosure not permitted. Standard: Uses and disclosures about decedents. 
be eliminated.
(ii) In response to a subpoena, discovery request, or other lawful process, that is not accompanied by an order of a court or administrative tribunal, if: (A) The covered entity receives satisfactory assurance, as described in paragraph (e)(1)(iii) of this section, from the party seeking the information that reasonable efforts have been made by such party to ensure that the individual who is the subject of the protected health information that has been requested has been given notice of the request; or. (h) Standard: Uses and disclosures for cadaveric organ, eye or tissue donation purposes. 922(g)(4); and, (A) The National Instant Criminal Background Check System; or, (B) An entity designated by the State to report, or which collects information for purposes of reporting, on behalf of the State, to the National Instant Criminal Background Check System; and, (A) Discloses only the limited demographic and certain other information needed for purposes of reporting to the National Instant Criminal Background Check System; and. Note that most uses and disclosures of psychotherapy notes for treatment, payment, and health care operations purposes require an authorization.
1m,D nj0NpM3\WdjtB&'U'SAW.~FU| l,#7r>g*;}]Y2TnIR#}Ug{}(o$:h~:D:nAjm$GVx8WbN! An authorization is not required to use or disclose protected health information for certain essential government functions.
(i) A covered health care provider providing emergency health care in response to a medical emergency, other than such emergency on the premises of the covered health care provider, may disclose protected health information to a law enforcement official if such disclosure appears necessary to alert law enforcement to: (A) The commission and nature of a crime; (B) The location of such crime or of the victim(s) of such crime; and. ?g7Yg3/W Where the individual is incapacitated, in an emergency situation, or not available, covered entities generally may use and disclose PHI, if in the exercise of their professional judgment, the use or disclosure is determined to be in the best interests of the individual. (OHSA), the Mine Safety and Health Administration (MHSA), or similar state law. A covered entity may, consistent with applicable law and standards of ethical conduct, use or disclose protected health information, if the covered entity, in good faith, believes the use or disclosure: (A) Is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public; and, (B) Is to a person or persons reasonably able to prevent or lessen the threat, including the target of the threat; or. (1) Permitted disclosures: Pursuant to process and as otherwise required by law. (iii) Research on decedent's information. AHbTQ National Instant Criminal Background Check System. Covered entities may disclose protected health information as authorized by, and to comply with, workers compensation laws and other similar programs providing benefits for work-related injuries or illnesses. Standard: Disclosures for law enforcement purposes. Obtaining consent (written permission from individuals to use and disclose their protected health information for treatment, payment, and health care operations) is. A statement that the alteration or waiver of authorization has been reviewed and approved under either normal or expedited review procedures, as follows: (A) An IRB must follow the requirements of the Common Rule, including the normal review procedures (7 CFR 1c.108(b), 10 CFR 745.108(b), 14 CFR 1230.108(b), 15 CFR 27.108(b), 16 CFR 1028.108(b), 21 CFR 56.108(b), 22 CFR 225.108(b), 24 CFR 60.108(b), 28 CFR 46.108(b), 32 CFR 219.108(b), 34 CFR 97.108(b), 38 CFR 16.108(b), 40 CFR 26.108(b), 45 CFR 46.108(b), 45 CFR 690.108(b), or 49 CFR 11.108(b)) or the expedited review procedures (7 CFR 1c.110, 10 CFR 745.110, 14 CFR 1230.110, 15 CFR 27.110, 16 CFR 1028.110, 21 CFR 56.110, 22 CFR 225.110, 24 CFR 60.110, 28 CFR 46.110, 32 CFR 219.110, 34 CFR 97.110, 38 CFR 16.110, 40 CFR 26.110, 45 CFR 46.110, 45 CFR 690.110, or 49 CFR 11.110); (B) A privacy board must review the proposed research at convened meetings at which a majority of the privacy board members are present, including at least one member who satisfies the criterion stated in paragraph (i)(1)(i)(B)(2) of this section, and the alteration or waiver of authorization must be approved by the majority of the privacy board members present at the meeting, unless the privacy board elects to use an expedited review procedure in accordance with paragraph (i)(2)(iv)(C) of this section; (C) A privacy board may use an expedited review procedure if the research involves no more than minimal risk to the privacy of the individuals who are the subject of the protected health information for which use or disclosure is being sought. (ii) In compliance with and as limited by the relevant requirements of: (A) A court order or court-ordered warrant, or a subpoena or summons issued by a judicial officer; (C) An administrative request, including an administrative subpoena or summons, a civil or an authorized investigative demand, or similar process authorized under law, provided that: (1) The information sought is relevant and material to a legitimate law enforcement inquiry; (2) The request is specific and limited in scope to the extent reasonably practicable in light of the purpose for which the information is sought; and. A use or disclosure of this information that occurs as a result of, or as incident to, an otherwise permitted use or disclosure is permitted as long as the covered entity has adopted reasonable safeguards as required by the Privacy Rule, and the information being shared was limited to the minimum necessary, as required by the Privacy Rule. Separation or discharge from military service.
By a covered health care provider in a medical emergency not occurring on its premises, when necessary to inform law enforcement about the commission and nature of a crime, the location of the crime or crime victims, and the perpetrator of the crime. (5) Permitted disclosure: Crime on premises. (4) Permitted uses. When the covered entity is required by this section to inform the individual of, or when the individual may agree to, a use or disclosure permitted by this section, the covered entity's information and the individual's agreement may be given orally. (1) Permitted disclosures. (j) Standard: Uses and disclosures to avert a serious threat to health or safety -. A statement identifying the IRB or privacy board and the date on which the alteration or waiver of authorization was approved; (ii) Waiver criteria. A covered entity may disclose protected health information to a coroner or medical examiner for the purpose of identifying a deceased person, determining a cause of death, or other duties as authorized by law. Standard: Uses and disclosures required by law. Standard: Uses and disclosures for public health activities, Standard: Disclosures about victims of abuse, neglect or domestic violence, Standard: Uses and disclosures for health oversight activities. (ii) If a covered health care provider believes that the medical emergency described in paragraph (f)(6)(i) of this section is the result of abuse, neglect, or domestic violence of the individual in need of emergency health care, paragraph (f)(6)(i) of this section does not apply and any disclosure to a law enforcement official for law enforcement purposes is subject to paragraph (c) of this section. A covered entity may disclose to a law enforcement official protected health information that the covered entity believes in good faith constitutes evidence of criminal conduct that occurred on the premises of the covered entity. Public health or other government authorities authorized to receive reports of child abuse and neglect. (4) Presumption of good faith belief. (iii) For the purposes of paragraph (e)(1)(ii)(A) of this section, a covered entity receives satisfactory assurances from a party seeking protected health information if the covered entity receives from such party a written statement and accompanying documentation demonstrating that: (A) The party requesting such information has made a good faith attempt to provide written notice to the individual (or, if the individual's location is unknown, to mail a notice to the individual's last known address); (B) The notice included sufficient information about the litigation or proceeding in which the protected health information is requested to permit the individual to raise an objection to the court or administrative tribunal; and. 
Other uses and disclosures under this section. Employers, regarding employees, when requested by employers, for information concerning a work-related illness or injury or workplace related medical surveillance, because such information is needed by the employer to comply with the, Occupational Safety and Health Administration. (6) Permitted disclosure: Reporting crime in emergencies. To identify or locate a suspect, fugitive, material witness, or missing person; In response to a law enforcement officials request for information about a victim or suspected victim of a crime; To alert law enforcement of a persons death, if the covered entity suspects that criminal activity caused the death; When a covered entity believes that protected health information is evidence of a crime that occurred on its premises; and. (H) A description of distinguishing physical characteristics, including height, weight, gender, race, hair and eye color, presence or absence of facial hair (beard or moustache), scars, and tattoos. (ii) The covered entity would be informing a personal representative, and the covered entity reasonably believes the personal representative is responsible for the abuse, neglect, or other injury, and that informing such person would not be in the best interests of the individual as determined by the covered entity, in the exercise of professional judgment. Limit on information that may be disclosed. Covered entities may disclose protected health information to: Public health authorities authorized by law to collect or receive such information for preventing or controlling disease, injury, or disability. (B) Requires the return to the covered entity or destruction of the protected health information (including all copies made) at the end of the litigation or proceeding. (ii) Reviews preparatory to research. (3) Adequate written assurances that the protected health information will not be reused or disclosed to any other person or entity, except as required by law, for authorized oversight of the research study, or for other research for which the use or disclosure of protected health information would be permitted by this subpart; (B) The research could not practicably be conducted without the waiver or alteration; and. In certain circumstances, covered entities may disclose protected health information to appropriate government authorities regarding victims of abuse, neglect, or domestic violence. Quality assessment and improvement activities, including case management and care coordination; Competency assurance activities, including provider or health plan performance evaluation, credentialing, and accreditation; Conducting or arranging for medical reviews, audits, or legal services, including fraud and abuse detection and compliance programs; Specified insurance functions, such as underwriting, risk rating, and reinsuring risk; Business planning, development, management, and administration; and. A covered entity may use or disclose protected health information for research, regardless of the source of funding of the research, provided that: (i) Board approval of a waiver of authorization. For a use or disclosure to be permitted based on documentation of approval of an alteration or waiver, under paragraph (i)(1)(i) of this section, the documentation must include all of the following: (i) Identification and date of action. (ii) The covered entity is unable to obtain the individual's agreement because of incapacity or other emergency circumstance, provided that: (A) The law enforcement official represents that such information is needed to determine whether a violation of law by a person other than the victim has occurred, and such information is not intended to be used against the victim; (B) The law enforcement official represents that immediate law enforcement activity that depends upon the disclosure would be materially and adversely affected by waiting until the individual is able to agree to the disclosure; and. A covered entity may rely on an individuals informal permission to use or disclose protected health information. (iii) Veterans. (B) The covered entity receives satisfactory assurance, as described in paragraph (e)(1)(iv) of this section, from the party seeking the information that reasonable efforts have been made by such party to secure a qualified protective order that meets the requirements of paragraph (e)(1)(v) of this section. (2) Documentation of waiver approval. (g) Standard: Uses and disclosures about decedents -. A covered entity may disclose protected health information as authorized by and to the extent necessary to comply with laws relating to workers' compensation or other similar programs, established by law, that provide benefits for work-related injuries or illness without regard to fault. Permitted disclosures: Pursuant to process and as otherwise required by law. (2) Permitted uses. (B) If the individual is unable to agree because of incapacity, a law enforcement or other public official authorized to receive the report represents that the protected health information for which disclosure is sought is not intended to be used against the individual and that an immediate enforcement activity that depends upon the disclosure would be materially and adversely affected by waiting until the individual is able to agree to the disclosure. Covered entities may disclose protected health information that they believe is necessary to prevent or lessen a serious and imminent threat to a person or the public, when such disclosure is made to someone they believe can prevent or lessen the threat (including the target of the threat). The covered entity obtains from the researcher: (A) Representation that the use or disclosure sought is solely for research on the protected health information of decedents; (B) Documentation, at the request of the covered entity, of the death of such individuals; and. Standard: Uses and disclosures for cadaveric organ, eye or tissue donation purposes. (1) A covered entity may use or disclose protected health information to the extent that such use or disclosure is required by law and the use or disclosure complies with and is limited to the relevant requirements of such law.
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