HIPAA allows disclosures of PHI without authorization when such disclosures are "required by law." What does this mean?
HIPAA Weekly Advisor, November 7, 2005
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The regulations define "required by law" as a mandate contained in a law and enforceable by a court that requires a covered entity to use or disclose PHI.
Uses and disclosures include required by law include but are not limited to
- court orders and warrants
- subpoenas or summons issued by a court, grand jury, governmental or tribal inspector general, or an administrative body
- civil or authorized investigative demands
- Medicare Conditions of Participation
- statutes or regulations that require the production of information
For more information see Section 164.103 Definitions: Required By Law of the Bricker & Eckler Web site.
Editor's note: Attorneys from Bricker & Eckler, LLP, answered this question. This is not legal advice. Consult with your attorney for legal matters.
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