HHS Clarifies Privacy Disclosure
Health Data Management (June 16, 2005)

A covered entity may disclose protected health information to a “protection and advocacy system” without an individual’s authorization if the disclosure is required by law, according to new privacy rule guidance from the government.

The federal Developmental Disabilities Assistance and Bill of Rights Act requires each state to designate a public or private entity as the protection and advocacy system to protect the rights of individuals with developmental disabilities. Among other duties, the entity investigates incidents of abuse or neglect.

The Department of Health and Human Services’ Office for Civil Rights, which enforces the privacy rule, recently posted the new guidance at hhs.gov/ocr/hipaa.

Posted to HIPAAcomply 6/16/05