In light of recent mass shootings in Connecticut and Colorado, the Office of Civil Rights (“OCR”) has provided guidance to healthcare providers on disclosing information if a patient presents a serious threat to him or herself or the community.
Leon Rodriguez, OCR director, says in a letter to providers that while the HIPAA Privacy Rule protects patients’ health information, it also ensures “that appropriate uses and disclosures of the information still may be made when necessary to treat a patient, to protect the nation’s public health, and for other critical purposes, such as when a provider seeks to warn or report that persons may be at risk of harm because of the patient.”
Under provisions of HIPAA Privacy Rule 45 CFR 164.512(j), Rodriquez says “a provider may disclose patient information, including information from mental health records, if necessary, to law enforcement, family members of the patient, or any other persons who may reasonably be able to prevent or lessen the risk of harm.” Health professionals may alert “the police, parent or other family member, school administrators or campus police, and others who may be able to intervene to avert harm from the threat.”
Another important HIPAA announcement was made recently. After much anticipation, Health and Human Services released the final Health Information Technology for Economic and Clinical Health (“HITECH”) regulations. They will have significant implications for the healthcare community. PYA is reviewing the regulations and will provide you with additional information soon.
For more information contact the expert listed below at (888) 420-9876.
