NRPM: Standards for Privacy of Individually Identifiable Health Information. 5. Disclosure for law enforcement. (§ 164.510(f))

11/03/1999

In § 164.510(f), we propose to permit covered entities to disclose protected health information without individual authorization to a law enforcement official conducting a law enforcement inquiry authorized by law if the request for protected health information is made pursuant to a judicial or administrative process, as described below. Similarly, we propose to permit covered entities to disclose protected health information to a law enforcement official without individual authorization for the conduct of lawful intelligence activities. We also propose to permit covered entities to disclose protected health information to a law enforcement official about the victim of a crime, abuse or other harm, if the information is needed to determine both whether a violation of law by a person other than the victim has occurred and whether an immediate law enforcement activity might be necessary. We would further permit such disclosure for the purpose of identifying a suspect, fugitive, material witness, or missing person, if the covered entity discloses only limited identifying information. Finally, we would permit disclosure of protected health information by a health plan or a health care provider without individual authorization to law enforcement officials if the plan or provider believed in good faith that the disclosed protected health information would constitute evidence of criminal conduct that constitutes health care fraud, occurred on the premises of the covered entity, or was witnessed by an employee of the covered entity.