How is a public health authority defined? (iv) A person who may have been exposed to a communicable disease or may otherwise be at risk of contracting or spreading a disease or condition, if the necessary for the stated purpose(s) …” (See §164.514(d)(3)(iii), 65 F. (ii) A public health authority… authorized by law to receive reports of child abuse or neglect (i) A public health authority that is authorized by law to collect or receive such information for the purpose of preventing or controlling disease, injury, or disability, including but not limited to, the reporting of disease, injury, vital events such as birth or death, and the conduct of public health surveillance, public health investigations, and public health interventions or at the direction of a public health authority, to an official of a foreign government agency that is acting in collaboration with a public health authority
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A covered entity may disclose protected health information for the public health activities and purposes described in this paragraph to: §164.512(b) explicitly permits disclosures to public health authorities for public health activities: Sharing of PHI with public health authorities is addressed in §164.512, “Uses and disclosures for which consent, an authorization, or an opportunity to agree or object is not required.” §164.512(a) permits disclosures that are required by law, which may be applicable to certain public health activities. Which provision of the Privacy Rule addresses the sharing of PHI with public health authorities? “The final rule continues to permit covered entities to disclose protected health information without individual authorization directly to public health authorities, such as the Food and Drug Administration, the Occupational Safety and Health Administration, the Centers for Disease Control and Prevention as well as state and local public health departments, for public health purposes as specified in the NPRM. This practice is described in the preamble to the actual Rule: The Privacy Rule allows for the existing practice of sharing PHI with public health authorities that are authorized by law to collect or receive such information to aid them in their mission of protecting the health of the public. What about sharing protected health information (PHI) with public health authorities? In general, “ covered health care provider must obtain the individual’s consent,…prior to using or disclosing protected health information to carry out treatment, payment, or health care operations.” (See section 164.506, 65 Federal Register p.
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This compilation of excerpts highlights major provisions of the Rule that are relevant to public health practice.Īll medical records and other individually identifiable health information used or disclosed by a covered entity in any form, whether electronically, on paper, or orally, are covered by the final rule.įor what disclosures and uses must consent be obtained by a provider? Explanatory text from the OCR website is included, but the majority of the document consists of direct quotes from the Rule itself (with appropriate page references for the Federal Register). The attached document, “Health Insurance Portability and Accountability Act of 1996 (HIPAA)– Privacy Rule: Provisions relevant to public health practice,” contains excerpts from the website of the Office for Civil Rights (OCR)- HIPAA External in the United States Department of Health and Human Services.
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Public health officials in state and local health departments, as well as their partners in the health care system, have asked for clarification regarding the Privacy Rule and its impact on public health practice. Provisions Relevant to Public Health Practice