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with certain federally assisted substance use disorder treatment programs (42 CFR Part 2 implementing 42 U.S.C. §290dd–2). HIPAA does not interfere with other laws or medical ethics rules that are more protective of patient privacy. 3 See 45 CFR §§ 164.510(b)(1)(i) and 164.510(b)(3). 4 See 45 CFR § 164.512(j)(1)(i). 5 HIPAA still requires that a disclosure to prevent or lessen a serious and imminent threat must be consistent with other applicable laws and ethical standards. 164.512(j)(1) . For example, if a state’s law is more restrictive regarding the communication of health information (such as the information can only be shared with treatment personnel in connection with treatment), then HIPAA compliance hinges on the requirements of the more restrictive state law. HIPAA respects individual autonomy by placing certain limitations on sharing health information with family members, friends, and others without the patient’s agreement. · For patients with decision-making capacity: A health care provider must give a patient the opportunity to agree or object to sharing health information with family, friends, and others involved in the individual’s care or payment for care.6 The provider is not permitted to share health information about patients who currently have the capacity to make their own health care decisions, and object to sharing the information (generally or with respect to specific people), unless there is a serious and imminent threat of harm to health as described above.7 HIPAA anticipates that a patient’s decision-making capacity may change during the course of treatment. · Decision-making incapacity may be temporary and situational, and does not have to rise to the level where another decision maker has been or will be appointed by law. If a patient regains the capacity to make health care decisions, the provider must offer the patient the opportunity to agree or object before any additional sharing of health information.
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