Question

When may the law compel disclosure of PHI (Protected Health Information)

Answer 1

The law may compel the disclosure of PHI (Protected Health Information) to a covered entity, but not required, to use and disclose protected health information, without an individual’s authorization, for the following purposes or situations:

(1) To the Individual (unless required for access or accounting of disclosures);

(2) Treatment, Payment, and Health Care Operations;

(3) Opportunity to Agree or Object;

(4) Incident to an otherwise permitted use and disclosure;

(5) Public Interest and Benefit Activities; and

(6) Limited Data Set for the purposes of research, public health or health care operations. Covered entities may rely on professional ethics and best judgments in deciding which of these permissive uses and disclosures to make.

The law may compel the disclosure of PHI in case of Law Enforcement Purposes. For example as required by law such as the court orders, court-ordered warrants, subpoenas and administrative requests