HIPAA GENERAL OPERATING POLICY # 19
DISCLOSURES FOR LAW ENFORCEMENT PURPOSES
I. In General
Except as otherwise provided in HIPAA General Operating Policies 8, 44 and 45, a HCC may disclose PHI for a law enforcement purpose to a law enforcement official if the conditions in paragraphs (a) through (d) below are met, as applicable.
a. Pursuant to process - A HCC may disclose PHI as required by law, including laws that require reporting of certain types of wounds or injuries, (except for laws regarding abuse, neglect and domestic violence which are subject to other Guidelines) or in compliance with and limited by:
i. A court order, warrant, subpoena or summons issued by a judge.
ii. A grand jury subpoena, for PHI to which the Grand Jury is entitled according to statute or rules of court.
iii. An administrative request, subpoena, summons, a civil investigative demand, or similar process, if disclosure is authorized or required by statute, provided that the information sought is relevant and material to a legitimate law enforcement inquiry, the request is specific and limited in scope, and de-identified information could not reasonably be used.
b. Public Health - Except for disclosures required by law as permitted by (a) above, a HCC may disclose PHI to a law enforcement official if necessary to protect public health and welfare when reporting is required or authorized by law.
c. Decedents - A HCC may disclose PHI about a person who has died to a law enforcement official for the purpose of alerting law enforcement of the death if the HCC has a suspicion that the death resulted from criminal conduct.
d. Crime on Premises - A HCC may disclose to a law enforcement official PHI that the HCC believes in good faith constitutes evidence that a crime occurred on the premises of the HCC.
Revised 09/04/03