§164.512(f)(2) Permitted disclosures: Limited information for identification and location purposes. Except for disclosures required by law as permitted by paragraph (f)(1) of this section, a covered entity may disclose protected health information in response to a law enforcement official’s request for such information for the purpose of identifying or locating a suspect, fugitive, material witness, or missing person, provided that:
(i) The covered entity may disclose only the following information:
(A) Name and address;
(B) Date and place of birth;
(C) Social security number;
(D) ABO blood type and rh factor;
(E) Type of injury;
(F) Date and time of treatment;
(G) Date and time of death, if applicable; and
(H) A description of distinguishing physical characteristics, including height, weight, gender, race, hair and eye color, presence or absence of facial hair (beard or mustache), scars, and tattoos.
(ii) Except as permitted by paragraph (f)(2)(i) of this section, the covered entity may not disclose for the purpose of identification or location under paragraph (f)(2) of this section any protected health information related to the individual’s DNA or DNA analysis, dental records, or typing, samples or analysis of blood fluids or tissue.
Audit Inquiry
Are disclosures made to law enforcement for identification and location purposes by the covered entity consistent with the limitations listed in the established performance criterion?
Obtain and review policies and procedures related to disclosures of PHI to law enforcement officials for identification and location purposes.
Obtain and review a sample of responses to law enforcement officials request for PHI for identification and location purposes and assess whether the disclosures were consistent with the established performance criterion.