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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).
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.
The Affordable Care Act ("ACA") and its regulations have been incorporated into the Puerto Rico Health Insurance Code, as amended, and guidance has been issued by the Office of the Insurance Commissioner to such effect.
HIPAA has been amended numerous times throughout the past 23 years, with each amendment slowly expanding it into the law that is recognizable today. Most importantly to overseas organizations, HIPAA sets standards for safeguarding patient protected health information (PHI).
HIPAA does not protect all health information. Nor does it apply to every person who may see or use health information. HIPAA only applies to covered entities and their business associates.
Thus, individuals have a right to a broad array of health information about themselves maintained by or for covered entities, including: medical records; billing and payment records; insurance information; clinical laboratory test results; medical images, such as X-rays; wellness and disease management program files;
Who Must Follow These Laws. We call the entities that must follow the HIPAA regulations "covered entities." Covered entities include: Health Plans, including health insurance companies, HMOs, company health plans, and certain government programs that pay for health care, such as Medicare and Medicaid.
Covered entities doing business in Puerto Rico are subject to compliance. HIPAA Puerto Rico consists of compliance with both federal HIPAA, as well as local Puerto Rico laws regarding medical record privacy and security.
We may disclose your PHI as authorized to comply with workers' compensation laws and other similar programs. Threats to Health or Safety. We may disclose limited PHI if we believe it is necessary to prevent or lessen a serious and imminent threat to you or to the public.
HIPAA will apply to covered entities and business associates within the United States, even with respect to non-United States citizens or residents.