ARTICLE
7 November 2017

Sharing PHI Without Consent: An OCR Reminder

SM
Sheppard Mullin Richter & Hampton

Contributor

Sheppard Mullin is a full service Global 100 firm with over 1,000 attorneys in 16 offices located in the United States, Europe and Asia. Since 1927, companies have turned to Sheppard Mullin to handle corporate and technology matters, high stakes litigation and complex financial transactions. In the US, the firm’s clients include more than half of the Fortune 100.
Prompted by the mass shooting in Las Vegas, HHS's Office for Civil Rights issued guidance clarifying when covered entities can share a patient's protected health information ...
United States Privacy

Prompted by the mass shooting in Las Vegas, HHS's Office for Civil Rights issued guidance clarifying when covered entities can share a patient's protected health information with family, friends and others involved in the patient's care.

Typically, protected health information is only shared after a patient provides consent. The OCR reminded health care providers that they can disclose protected health information without consent to family members and relatives involved in the patient's care if in their professional judgment doing so is in the patient's best interest. Information can also be shared as necessary to locate someone's family member. In addition, a covered entity may share protected health information with disaster relief organizations to coordinate notification regarding the patient. The information shared should be limited to the minimum necessary to accomplish the purpose of transmitting it to family, friends, or others involved in the patient's care.

TIP: OCR has provided information in the past about when PHI can be shared, however this is a timely reminder that patient consent is not always needed. 

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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