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There are a few scenarios where you can disclose PHI without patient consent: coroner's investigations, court litigation, reporting communicable diseases to a public health department, and reporting gunshot and knife wounds.
Unauthorized release of a patient's health information is called: Breach of Confidential communication. A confidential communication related to the patient's treatment and progress that may be disclosed on with the patient's permission is known as: Privileged information.
According to the Privacy Rule, a covered entity may not use or disclose protected health information, except either: (1) as the Privacy Rule permits or requires; or (2) as the individual who is the subject of the information (or the individual's personal representative) authorizes in writing.
More generally, HIPAA allows the release of information without the patient's authorization when, in the medical care providers' best judgment, it is in the patient's interest. Despite this language, medical care providers are very reluctant to release information unless it is clearly allowed by HIPAA.
Unauthorized access to patient medical records occurs when an individual who lacks authorization, permission, or other legal authority, accesses data, including protected health information (PHI), contained in patient medical records.