Are there any special rules regarding disclosures to the State Department?
HIPAA Weekly Advisor, February 13, 2003
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Q: Are there any special rules regarding disclosure of information to the U.S. State Department for things such as medical suitability determinations?
A: Covered entities that are components of the Department of State may use PHI without authorization to make medical suitability determinations.
A covered entity that is a component of the Department of State may disclose whether a person was determined to be medically suitable to the officials of the Department of State who need access for the following purposes:
- For the purpose of a required security clearance conducted pursuant to Executive Orders 10450 and 12698
- As necessary to determine worldwide availability or availability for mandatory service abroad under sections 101(a)(4) and 504 of the Foreign Service Act
- For a family to accompany a foreign service member abroad, consistent with section 101(b)(5) of the Foreign Service Act
According to the HHS commentary, this exception does not permit the disclosure of specific medical conditions, diagnoses, or other specific medical information. It permits only the disclosure of the limited information needed to determine whether the individual should be granted a security clearance or whether the foreign service member or his or her family members should be posted to a certain overseas assignment.
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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