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625 HIPAA Privacy Training
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Disclosing PHI to Law Enforcement

Healthcare providers can disclose Protected Health Information (PHI) to law enforcement officials under certain circumstances, as outlined by the HHS Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule.

Covered entities may disclose PHI to law enforcement under specific circumstances.

Here are some situations when disclosure is permitted:

  • Compliance with Court Orders or Warrants: PHI may be disclosed if it is required by a court order, warrant, subpoena, or summons.
  • To Locate or Identify a Suspect, Fugitive, Material Witness, or Missing Person: In some cases, limited PHI can be disclosed to assist law enforcement in identifying or locating these individuals.
  • Regarding Victims of a Crime: If the individual agrees, or under certain circumstances if unable to agree due to incapacity or emergency, information about a victim of a crime can be disclosed to law enforcement. The provider may refuse to disclose PHI if the individual able and does not agree.
  • To Report a Crime in Emergencies: PHI may be disclosed in order to alert law enforcement about the commission or nature of a crime, the location of such crime or victims, or the identity, description, and location of the perpetrator.
  • Suspected Abuse, Neglect, or Domestic Violence: Reporting of information about individuals who may be victims of abuse, neglect, or domestic violence, as required by law or if the individual agrees.
  • To Avert a Serious Threat to Health or Safety: PHI may be disclosed to law enforcement when necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public.
  • Death Reporting: Information about a person's death, if there is a suspicion that death resulted from criminal conduct, can be disclosed to law enforcement.
  • Crime on the Premises: PHI can be disclosed if it relates to a crime committed on the premises of the healthcare provider.

For a detailed understanding of these disclosure requirements, refer to the regulatory text on the HHS FAQ Page for this topic.

Knowledge Check Choose the best answer for the question.

2-7. When can a health care provider refuse to disclose protected health information (PHI) to law enforcement individuals?