NRPM: Standards for Privacy of Individually Identifiable Health Information. 3. Use and disclosure for judicial and administrative proceedings. (§ 164.510(d))

11/03/1999

In § 164.510(d), we propose to permit covered entities to disclose protected health information in a judicial or administrative proceeding if the request for such protected health information is made through or pursuant to an order by a court or administrative tribunal. A court order would not be required if the protected health information being requested relates to a party to the proceeding whose health condition is at issue, or if the disclosure would otherwise be permitted under this rule. A covered entity that also is a government entity would be permitted to use protected health information in a judicial or administrative proceeding under the same conditions that it could make a disclosure of protected health information under this paragraph.