ARTICLE
14 November 2017

Government Releases New Guidance on Sharing of Information Regarding Opioid Crisis

DP
Day Pitney LLP

Contributor

Day Pitney LLP logo
Day Pitney LLP is a full-service law firm with more than 300 attorneys in Boston, Connecticut, Florida, New Jersey, New York and Washington, DC. The firm offers clients strong corporate and litigation practices, with experience on behalf of large national and international corporations as well as emerging and middle-market companies. With one of the largest individual clients practices on the East Coast, the firm also has extensive experience assisting individuals and their families, fiduciaries and tax-exempt entities plan for the future.
The Office for Civil Rights at the Department of Health and Human Services (HHS) released new HIPAA guidance explaining how healthcare providers have broad ability to share health information with a patient's family members without the patient's permission during certain crisis situations, without violating HIPAA privacy regulations.
United States Food, Drugs, Healthcare, Life Sciences

The Office for Civil Rights at the Department of Health and Human Services (HHS) released new HIPAA guidance explaining how healthcare providers have broad ability to share health information with a patient's family members without the patient's permission during certain crisis situations, without violating HIPAA privacy regulations.

Permissible scenarios include:

  • Sharing health information with family and close friends who are involved in the patient's care if the provider determines that doing so is in the best interests of an incapacitated or unconscious patient and the information shared is directly related to the family or friend's involvement in the patient's health care or payment of care. [See 45 CFR §§ 164.510(b)(1)(i) and 164.510(b)(3)]
  • Informing persons in a position to prevent or lessen a serious and imminent threat to a patient's health or safety. [See 45 CFR § 164.512(j)(1)(i)]

The guidance states that these are limited exceptions to the HIPAA requirement for patient authorization and do not apply to protected health information that is unrelated to the overdose, or when the patient has decision-making capacity.

Lastly, HHS notes that if the provider's state law is more restrictive on the communication of health information, the provider must abide by the more restrictive law.

For more articles and regular updates on legislative changes, regulatory developments and other news of interest to businesses, professionals and investors in the healthcare industry, please subscribe to Day Pitney's mailing lists.


Click here for more Healthcare Blogs from Day Pitney

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.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More