Permitted disclosures without authorization

Permitted disclosures without authorization

Permitted disclosures without authorization

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Permitted Disclosures - The Ground Rules

HIPAA allows use/disclosure of PHI without individual authorization in specific situations, differing from required disclosures (e.g., to the individual or HHS). Key categories include:

  • Treatment, Payment, & Operations (TPO): The most common reason for sharing PHI.
    • Treatment: Coordinating care with other providers.
    • Payment: Submitting claims for reimbursement.
    • Operations: Internal quality assessment, training.
  • Public Interest & Benefit: 12 specific situations vital for public health/safety (e.g., reporting infectious disease, abuse, neglect).
  • Limited Data Set: PHI with direct identifiers removed, used for research or public health. Requires a data use agreement.

⭐ The "Minimum Necessary" rule applies to most disclosures. You should only disclose the minimum PHI required to achieve the purpose. However, it does not apply to disclosures for treatment purposes.

TPO - The Big Three

HIPAA permits disclosure of Protected Health Information (PHI) without patient authorization for three core activities: Treatment, Payment, and Healthcare Operations (TPO).

CategoryDefinitionHigh-Yield Examples
TreatmentProviding, coordinating, or managing health care and related services.- Consulting with other providers about a patient.
- Patient referral to a specialist.
- Sharing lab results with another provider for treatment.
PaymentActivities to obtain reimbursement for services.- Submitting claims to an insurance company.
- Determining eligibility or coverage.
- Justifying charges to a payer.
Healthcare OperationsAdministrative, legal, and quality improvement activities of the covered entity.- Quality assessment & improvement activities.
- Medical review, legal services, and auditing.
- Business planning and development.

Minimum Necessary Rule: For most disclosures, a covered entity must make reasonable efforts to limit PHI to the minimum necessary to accomplish the intended purpose. However, this rule does not apply to disclosures for treatment purposes.

Public Interest - A Dozen Duties

HIPAA permits disclosure of Protected Health Information (PHI) without patient authorization for 12 specific public interest and benefit activities. The "minimum necessary" standard applies; disclose only the information required to achieve the purpose.

  • Public Health Activities: To public health authorities (e.g., CDC) for disease control, injury prevention, and reporting adverse events.
  • Victims of Abuse, Neglect, or Domestic Violence: To appropriate government authorities.
  • Health Oversight Activities: For audits, investigations, and licensure by oversight agencies (e.g., state medical boards).
  • Judicial & Administrative Proceedings: In response to a court order or subpoena.
  • Law Enforcement Purposes: To identify a suspect, report a crime on premises, or in a medical emergency.
  • Decedents: To coroners, medical examiners, and funeral directors.
  • Cadaveric Organ, Eye, or Tissue Donation
  • Research: Under specific conditions (e.g., IRB waiver).
  • Serious Threat to Health or Safety: To prevent or lessen a serious and imminent threat.
  • Essential Government Functions: For military missions or national security.
  • Workers' Compensation: As required by law.
  • As Required by Law: When a statute mandates reporting (e.g., reporting infectious diseases).

High-Yield: For most disclosures, the "minimum necessary" rule applies. However, it does not apply to disclosures to the patient themselves, for treatment purposes, or when required by law.

High‑Yield Points - ⚡ Biggest Takeaways

  • HIPAA's Privacy Rule allows disclosure without authorization for TPO (Treatment, Payment, & Operations).
  • Mandatory public health reporting includes communicable diseases, vital statistics, and surveillance.
  • Disclosures are required by law for judicial proceedings or to law enforcement (e.g., warrants).
  • Reporting suspected child or elder abuse and neglect to social services is mandatory.
  • Information can be shared for health oversight activities like audits, inspections, and licensure.
  • Disclosures to coroners, medical examiners, and funeral directors are permitted.

Practice Questions: Permitted disclosures without authorization

Test your understanding with these related questions

A 79-year-old male presents to your office for his annual flu shot. On physical exam you note several linear bruises on his back. Upon further questioning he denies abuse from his daughter and son-in-law, who live in the same house. The patient states he does not want this information shared with anyone. What is the most appropriate next step, paired with its justification?

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Flashcards: Permitted disclosures without authorization

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Which type of medical error analysis involves a retrospective approach, applied after failure to prevent recurrence?_____

TAP TO REVEAL ANSWER

Which type of medical error analysis involves a retrospective approach, applied after failure to prevent recurrence?_____

Root cause analysis

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