What “satisfactory assurances” must a covered entity that is not a party to the litigation receive before it may respond to a subpoena without a court order?
Under 45 CFR 164.512(e)(1)(ii) of the Privacy Rule, a covered [...]
May a covered entity that is a plaintiff or defendant in a legal proceeding use or disclose protected health information for the litigation?
Yes. Where a covered entity is a party to a [...]
May a covered entity use or disclose protected health information for litigation?
A covered entity may use or disclose protected health information [...]
May a covered entity disclose protected health information in response to a court order?
Yes. A covered entity may disclose protected health information to [...]
Is a covered entity required to prevent any incidental use or disclosure of protected health information?
No. The HIPAA Privacy Rule does not require that all [...]
Do the HIPAA Privacy Rule’s provisions permitting certain incidental uses and disclosures apply only to treatment situations or discussions among health care providers?
No. The provisions apply universally to incidental uses and disclosures [...]
Are covered entities required to document incidental disclosures permitted by the HIPAA Privacy Rule, in an accounting of disclosures provided to an individual?
No. The Privacy Rule includes a specific exception from the [...]
May mental health practitioners or other specialists provide therapy to patients in a group setting where other patients and family members are present?
Yes. Disclosures of protected health information in a group therapy [...]
A hospital customarily displays patients’ names next to the door of the hospital rooms that they occupy. Will the HIPAA Privacy Rule allow the hospital to continue this practice?
The Privacy Rule explicitly permits certain incidental disclosures that occur [...]
A clinic customarily places patient charts in the plastic box outside an exam room. It does not want the record left unattended with the patient, and physicians want the record close by for fast review right before they walk into the exam room. Will the HIPAA Privacy Rule allow the clinic to continue this practice?
Yes, the Privacy Rule permits this practice as long as [...]