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What information can we disclose to disaster relief organizations?

HIPAA Weekly Advisor, August 16, 2002

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Q: What information can we disclose to disaster relief organizations?

A: You may use or disclose protected health information (PHI) to federal, state, or local government agencies engaged in disaster relief activities, as well as to private disaster relief or disaster assistance organizations (such as the Red Cross) authorized by law or by their charters to assist in disaster relief efforts to allow them to carry out their responsibilities in a specific disaster situation.

You may make these disclosures, so these organizations can help family, friends, or caregivers locate an individual affected by a disaster and inform them of the individual's general health condition or to help individuals obtain necessary medical care for injuries or health conditions caused by a disaster.

If the individual whose information is sought is present and competent, the covered entity may release the information if it:

• Obtains the individual's agreement
• Provides the individual with the opportunity to object to the disclosure, and the individual does not express an objection
• Reasonably infers from the circumstances, based the exercise of professional judgment, that the individual does not object to the disclosure

When the individual is not present or otherwise competent, you may exercise professional judgment to determine whether the disclosure is in the best interests of the individual. If so, disclose only the protected health information that is directly relevant to the person's involvement with the individual's health care.

You may forego both of the above requirements if it is determined that the requirements would interfere with the ability to respond to the emergency.

Verification is not required prior to releasing information for disaster relief purposes, and disclosures for disaster relief are excluded from the accounting of disclosures requirements.

Editor's note: Brought to you by attorneys Marty Baxter and Gretchen McBeath at Bricker and Eckler, LLP (http://www.bricker.com) and The Quality Management Consulting Group, Ltd. (http://www.qmcg.com). E-mail: mbaxter@bricker.com or gmcbeath@bricker.com.

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