Q: SPECIFIC HIPAA statute that defines, that authorization for release of medical records can be compelled by court order.
In California, crucial for litigation. Please advise on SPECIFIC HIPAA statute that defines; that authorization for release of medical records can be compelled by court order.
A:
Under the Health Insurance Portability and Accountability Act (HIPAA), the Privacy Rule (45 CFR § 164.512(e)) permits covered entities to disclose protected health information (PHI) in the course of judicial and administrative proceedings, including in response to a court order or subpoena. Here are the specific provisions:
1. 45 CFR § 164.512(e)(1)(i): A covered entity may disclose PHI in response to an order of a court or administrative tribunal, provided that the covered entity discloses only the PHI expressly authorized by such order.
2. 45 CFR § 164.512(e)(1)(ii): A covered entity may disclose PHI in response to a subpoena, discovery request, or other lawful process that is not accompanied by an order of a court or administrative tribunal if:
a) The covered entity receives satisfactory assurance from the party seeking the information that reasonable efforts have been made to ensure that the individual who is the subject of the PHI has been given notice of the request; or
b) The covered entity receives satisfactory assurance from the party seeking the information that reasonable efforts have been made to secure a qualified protective order.
It's important to note that while HIPAA permits disclosure under these circumstances, state laws may impose additional requirements or restrictions on the disclosure of medical records. In California, the Confidentiality of Medical Information Act (CMIA) provides additional protection for patient privacy.
However, the CMIA also allows for the disclosure of medical information in response to a court order or subpoena, as long as the disclosure complies with the requirements of the CMIA and any other applicable state or federal laws (California Civil Code § 56.10(b)(3)).
In summary, HIPAA and California law permit the disclosure of medical records in response to a court order or subpoena, subject to certain requirements and protections for patient privacy.
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