Is patient authorization required for medical suitability determinations?
HIPAA Weekly Advisor, June 6, 2003
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Q: Is patient authorization required to disclose information for medical suitability determinations?
A: Covered entities that are components of the Department of State (DOS) may use PHI to determine and disclose whether an individual is medically suitable, without authorization to department officials who need access to such information. They may do so for the following limited purposes:
- For 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/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 and The Quality Management Consulting Group, Ltd.. E-mail: mbaxter@bricker.com or gmcbeath@bricker.com
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