Q: HIPAA. Privacy objection to release of medical information, when legal process involved
What HIPAA statute includes privacy rights statement, that belongs to objection to release of medical information, when legal process involved?,
A:
The most relevant section of HIPAA that addresses an individual's right to object to the release of their protected health information (PHI) in the context of a legal process is 45 CFR § 164.512(e) - Standard: Disclosures for judicial and administrative proceedings.
This section states that a covered entity may disclose PHI in response to a court or administrative order, subpoena, discovery request, or other lawful process if the covered entity receives satisfactory assurance that:
1. The party seeking the information has made reasonable efforts to ensure that the individual who is the subject of the PHI has been given notice of the request; or
2. The party seeking the information has secured a qualified protective order.
However, if the covered entity receives neither of these assurances, it may still disclose the PHI if it makes reasonable efforts to provide notice to the individual or to seek a qualified protective order.
The individual has the right to object to the disclosure of their PHI in these situations. If the individual does object, the covered entity must not disclose the PHI unless ordered to do so by a court or administrative tribunal.
In summary, while HIPAA allows for the disclosure of PHI in the context of legal proceedings under certain conditions, it also protects an individual's right to object to such disclosures.
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