Use and Disclosure of PHI

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Law Enforcement

The HIPAA Privacy Rule does not expand current law enforcement access to PHI. Your state privacy laws may be more protective than the federal HIPAA regulations. If that is the case, continue to follow your state privacy laws.

Even in cases with the Privacy Rule permits disclosure to law enforcement, we must follow the Minimum Necessary Standard.

The HIPAA Privacy Rule permits disclosure of certain PHI (e.g. name, address, birth date, social security number, blood type, type of injury, date and time of treatment and a description of distinguished feature) to law enforcement officials without the patient's authorization for identification or investigative purposes.

PHI may also be disclosed about a crime victim to law enforcement officials if the victim agrees to the disclosure, or, if the individual is unable to agree, certain representations from the law enforcement official are received.

In addition, when possible, permission must be obtained from persons who have been the victim of domestic violence or abuse before disclosing information about them to law enforcement unless the disclosure is otherwise required by law.

Under the HIPAA Privacy Rule, PHI may be disclosed to law enforcement officials as required by law or in response to:

• a court order, a court-ordered warrant, or a subpoena or summons issued by a judicial officer;

• a grand jury subpoena; or

• an administrative request, such as an administrative summons or a civil investigative demand that meets specific standards.

Agencies must also confirm the subpoena contains a "Certificate of Satisfactory Assurances" from the attorney requesting the PHI that the requesting attorney has made a good faith attempt to provide written notice to the patient or patients' personal representative of the intent to request the PHI, and that the patient is aware of the request for PHI. The Certificate must also state that either the patient had no objections, or any objections have been resolved prior to the subpoena being submitted.