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Information can be shared without consent if it is justified in the public interest or required by law. Do not delay disclosing information to obtain consent if that might put children or young people at risk of significant harm.
General concerns about psychological or emotional harm are not sufficient to deny an individual access (e.g., concerns that the individual will not be able to understand the information or may be upset by it). In addition, the requested access must be reasonably likely to cause harm or endanger physical life or safety.
A routine use is a disclosure of PII from a system of records to a recipient outside of DoD. Routine use disclosures must be consistent with the purpose(s) for which the information was collected and must be published in the Federal Register.
To report PHI to law enforcement when required by law to do so (45 CFR 164.512(f)(1)(i)). For example, state laws commonly require health care providers to report incidents of gunshot or stab wounds, or other violent injuries; and the Rule permits disclosures of PHI as necessary to comply with these laws.
Restricted Information (as defined by UC Policy IS-3, Electronic Information Security) describes any confidential or Personal Information that is protected by law or policy and that requires the highest level of access control and security protection, whether in storage or in transit.
Generally speaking, covered entities may disclose PHI to anyone a patient wants. They may also use or disclose PHI to notify a family member, personal representative, or someone responsible for the patient's care of the patient's location, general condition, or death.
Covered entities may use and disclose protected health information without individual authorization as required by law (including by statute, regulation, or court orders). Public Health Activities.
An authorization is a detailed document that gives covered entities permission to use protected health information for specified purposes, which are generally other than treatment, payment, or health care operations, or to disclose protected health information to a third party specified by the individual.
Since its initial adoption, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule has granted individuals the right to request restrictions regarding the use and disclosure of their protected health information (PHI) for treatment, payment, and healthcare operations (TPO).
You must ensure that release of PHI is only granted with permission from the appropriate individual. Staff should be trained to ask for verification of the identity and the authority of the individual making the request.