Must we verify the identity and authority of law enforcement officials before disclosing PHI?
HIPAA Weekly Advisor, September 25, 2006
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Yes. You may reasonably rely on any of the following to verify identity:
- Presentation of an agency identification badge, other official credentials, or other proof of government status (if the request is made in person)
- Appropriate government letterhead (if the request is in writing)
You can also reasonably rely on any of the following to verify authority:
- A written statement of legal authority
- An oral statement of legal authority, if a written statement is impractical
- A request made pursuant to legal process, warrant, subpoena, order, or other legal process issued by a grand jury or judicial or administrative tribunal
For more information see Section 164.514(h) Verification of the privacy rule.
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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