HIPAA Disclosures – "Emergencies" are Exceptions to Privacy Requirements

The Privacy Rule states that covered entities are permitted to disclose PHI - without the individual’s authorization - to a public health authority as required by law in direct response to a bioterrorism threat or public health emergency. In addition, the Privacy Rule permits a covered entity to disclose the PHI to a public health authority for the purpose of preventing or potentially lessening a serious and imminent threat to public safety or safety issues related to bioterrorism.

A covered entity also has the right to address public safety or health threats in which the emergency implicates law enforcement activities, national security and intelligence activities, and/or judicial and administrative proceedings.

The bottom line is that, in these troubled times, there is no need to worry that HIPAA would impede actions that should be taken for public safety in a national crisis.

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