Health Information Management

Can we sanction whistleblowers who disclose PHI to the government?

HIPAA Weekly Advisor, April 3, 2006

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If the employee's actions are protected whistleblower disclosures, HIPAA's sanction requirements do not apply. Protected whistleblower disclosures include those made to

  • a health oversight agency or public health authority authorized to investigate or oversee the covered entity's relevant conduct or conditions
  • an appropriate healthcare accreditation organization
  • an attorney, for the purpose of determining legal options with respect to whistleblowing

For more information, see Section 164.530(e) Sanctions of the privacy rule and Section 164.502(j) Disclosures by Whistleblowers and Workforce Member Crime Victims.

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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