Phoenix, AZ asked in Civil Rights for Arizona

Q: Is it illegal to disclose PHI involving drug use when the authorization obtained for the disclosure states "mental health"?

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1 Lawyer Answer
Brian Strickman
Brian Strickman
  • Criminal Law Lawyer
  • Gilbert, AZ
  • Licensed in Arizona

A: Is the question is it illegal to disclose protected health information pertaining to illegal drug use, when the healthcare provider has obtained an authorization to disclose mental health? It is difficult to answer this question without knowing more about what was authorized, and what the purpose of the disclosure is. This is a complex issue, because there are situations where disclosure is appropriate and situations when it is not. I recommend contacting an attorney so you can go over the specifics.

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