Standards for Privacy of Individually Identifiable Health Information. Final Privacy Rule Preamble.. National Labor Relations Act

12/28/2000

Comment: A few comments expressed concern that the regulation did not address the obligation of covered entities to disclose protected health information to collective bargaining representatives under the National Labor Relations Act.

Response: The final rule does not prohibit disclosures that covered entities must make pursuant to other laws. To the extent a covered entity is required by law to disclose protected health information to collective bargaining representatives under the NLRA, it may to so without an authorization. Also, the definition of "health care operations" at § 164.501 permits disclosures to employee representatives for purposes of grievance resolution.