Are we permitted to disclose PHI when we suspect child abuse?
HIPAA Weekly Advisor, February 28, 2003
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Q: Are we permitted to disclose PHI when we suspect child abuse?
A: It is permissible to disclose PHI without patient authorization to a public health authority or other appropriate government authority authorized by law to receive reports of child abuse or neglect.
The regulations define a "public health authority" as an agency or authority of the U.S., a state, territory, political subdivision of a state or territory, or Indian tribe that is responsible for public health matters as part of its official mandate. This includes the agency's employees, agents, contractors, or persons or entities to whom it has granted authority.
A disclosure of this type would need to be included in an accounting.
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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