We do not propose any new administrative or judicial process prior to disclosure. This regulation would permit disclosure of protected health information without compulsory process where such disclosure is otherwise allowed. However, this regulation also would not abrogate or modify other statutory requirements for administrative or judicial determinations or for other procedural safeguards, nor would it permit disclosures forbidden by other law.
Under this § 164.518(c), covered entities would have an obligation to verify the identity of the person requesting protected health information and the legal authority behind the request before the disclosure would be permitted under this subsection. Preamble section II.G.3. describes these requirements in more detail.