Disclosures in cases of abuse
HIPAA Weekly Advisor, April 19, 2004
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Q: If we believe that a patient is the victim of abuse, neglect, or domestic violence, what disclosures about that patient can we make?
A: The regulations allow these disclosures in three situations:
- The law requires disclosure, and the disclosure complies with, and is limited to the relevant requirements of the law.
- The individual agrees to the disclosure.
- The law expressly permits, but does not require, the disclosure, and the covered entity-according to professional judgment-believes the disclosure is necessary to prevent serious harm to the individual, or other potential victims.
See Section 164.512(c) Disclosures About Victims of Abuse, Neglect or Domestic Violence at http://www.bricker.com/legalservices/practice/hcare/hipaa/164.512c.asp for more information.
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