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Violating protective health information disclosure laws in Texas can result in significant penalties. Organizations may face civil fines or even criminal charges depending on the severity of the violation. If you believe your rights have been compromised, you can submit a formal Collin Texas Request for Restrictions on Uses and Disclosures of Protected Health Information to ensure compliance.
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).
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.
To the Individual A HIPAA covered entity may disclose protected health information to the individual who is the subject of the information. Another option is obtaining consent written permission from individuals to use and disclose their PHI for treatment, payment, and health care operations.
However, PHI can be used and disclosed without a signed or verbal authorization from the patient when it is a necessary part of treatment, payment, or healthcare operations. The Minimum Necessary Standard Rule states that only the information needed to get the job done should be provided.
Covered entities may disclose protected health information to: Public health authorities authorized by law to collect or receive such information for preventing or controlling disease, injury, or disability. Public health or other government authorities authorized to receive reports of child abuse and neglect.
Use or disclose protected health information for its own treatment, payment, and health care operations activities. For example: A hospital may use protected health information about an individual to provide health care to the individual and may consult with other health care providers about the individual's treatment.
In general, a covered entity may only use or disclose PHI if either: (1) the HIPAA Privacy Rule specifically permits or requires it; or (2) the individual who is the subject of the information gives authorization in writing.
Serious Threat to Health or Safety Disclosures are permitted if they are believed 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).
Cadaveric Organ, Eye, or Tissue Donation Covered entities may use or disclose PHI to facilitate the donation and transplantation of cadaveric organs, eyes, and tissue.