Disclosures to Law Enforcement are Permissible

Disclosing PHI to law enforcement
We often must disclose PHI to law enforcement if we follow the appropriate guidelines.

Disclosures to Law Enforcement

Sometimes it is hard to determine under what circumstances PHI disclosure to law enforcement is permissible. For example, HIPAA permits disclosures to law enforcement in certain situations. It is reasonable to disclose if a signed authorization from the patient or their legal representative exists .

When to Respond

The HIPAA Rule permits disclosures when required by law. This may be necessary to respond to subpoena’s and court orders with specific requirements.  In addition this may be necessary to investigate a crime, to locate a missing person and to prevent serious threats to public health and safety.  State law requires reporting for reports of child and adult abuse and neglect, and to report certain injury and disease.

State Law

Besides considering the federal HIPAA law, review state law because it may be more protective than HIPAA. If that is the case the entity must follow state law. It is important for your organization to know what are the permissible disclosures to law enforcement.

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