What disclosures can we make about a patient we suspect has been the victim of abuse, neglect, or domestic violence?
HIPAA Weekly Advisor, November 1, 2004
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The regulations allow such disclosures in three situations:
- When the law requires the disclosure and it complies with and is limited to the relevant requirements of such law
- If the individual agrees to the disclosure
- When the disclosure is expressly permitted by law, but not required, and the covered entity believes the disclosure is necessary to prevent serious harm to the individual or other potential victims
These disclosure provisions apply to such issues as abuse of nursing home residents, abuse of residents of facilities for the mentally retarded, and domestic violence.
Child abuse and child neglect disclosures are not covered by this provision; child abuse reporting is considered a disclosure for public health activities and should be disclosed according to those provisions.
Attorneys from Bricker and Eckler answered this question. See Section 164.512(c) Disclosures About Victims of Abuse, Neglect or Domestic Violence for more information.
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