The Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191, was enacted on August 21, 1996 There are exceptions—a group health
2 spread of the disease or otherwise to carry out public health interventions or investigations See 45 CFR 164 512(b)(1)(iv) Disclosures to Family, Friends, and Others Involved in an Individual’s Care and for Notification A
COVID-19 & HIPAA Bulletin Limited Waiver of HIPAA Sanctions and Penalties During a Nationwide Public Health Emergency The Novel Coronavirus Disease (COVID-19) outbreak imposes additional challenges on health care providers Often questions arise about the ability of entities covered by the HIPAA
• Communicate with family members, law enforcement, or others when the patient presents a serious and imminent threat of harm to self or others; and • Communicate to law enforcement about the release of a patient brought in for an emergency psychiatric hold
1 Those authorized by law Personal Representatives authorized by law stand in the shoes of the client and have the ability to act for the client or participant and to exercise the client or participant’s rights with respect to the privacy and confidentiality of such information to the extent authorized by law 2
Refer to HIPAA Personal Yes State law does Representatives for Minors and treat the Parental consent is not required for treating a minor for VD Therefore a parent cannot serve as a personal representative ALCOHOL OR CONTROLLED SUBSTANCE ADDICTION Parental consent is not required for this treatment Therefore a parent cannot serve as a
This presentation is similar to any other legal education materials OCR, HIPAA Privacy Rule: Guide for Law Does a HIPAA exception allow the disclosure?