Sentences with phrase «cover imminent threats»

Some policies will not cover imminent threats unless the US Department of State issues a Travel Warning regarding that threat.

Not exact matches

A covered entity may not, however, include a limitation affecting its right to make a use or disclosure that is either required by law or is necessary to avert a serious and imminent threat to health or safety.

Due to the importance of averting serious and imminent threats to health and safety, we believe it is appropriate to apply a presumption of good faith to covered entities disclosing protected health information under this section.

Similarly, in situations involving a serious and imminent threat to public health or safety, law enforcement officials may be seeking protected health information from covered entities to locate a fugitive.

We clarify that if a situation fits one section of the rule (e.g., § 164.512 (j) on serious and imminent threats to health or safety), health plans and covered health care providers may disclose protected health information pursuant to that section, regardless of whether the disclosure also could be made pursuant to another section (e.g., § § 164.512 (f)(2) or 164.512 (f)(3), regarding disclosure of protected health information about suspects or victims to law enforcement officials), except as otherwise stated in the rule.

The final rule requires covered entities to obtain authorization to use or disclose psychotherapy notes for purposes listed in § 164.512, with the following exceptions: An authorization is not required for use or disclosure of psychotherapy notes when the use or disclosure is required for enforcement of this rule, in accordance with § 164.502 (a)(2)(ii); when required by law, in accordance with § 164.512 (a); when needed for oversight of the covered health care provider who created the psychotherapy notes, in accordance with § 164.512 (d); when needed by a coroner or medical examiner, in accordance with § 164.512 (g)(1); or when needed to avert a serious and imminent threat to health or safety, in accordance with § 164.512 (j)(1)(i).

However, we continue to permit a covered entity to disclose protected health information to a health care Start Printed Page 82730provider in an emergency treatment situation if the restricted protected health information is needed to provide the emergency treatment or if the disclosure is necessary to avoid serious and imminent threats to public health and safety.

In § 164.512 (j), we specifically permit covered entities to disclose protected health information without authorization for the purpose of protecting individuals from imminent threats to health and safety, consistent with state laws and ethical obligations.

The covered entity may not, however, purport to preclude itself from making uses or disclosures that are required by law or that are necessary to avert a serious and imminent threat to health or safety.

In the final rule, we clarify that if a situation fits one section of the rule (for example, § 164.512 (j) on serious and imminent threats to health or safety), covered entities may disclose protected health information pursuant to that section, regardless of whether the disclosure also could be made pursuant to another section (e.g., § 164.512 (f)-RRB-, regarding disclosure to law enforcement officials).

A covered entity may not include statements in the notice that purport to limit the entity's ability to make uses or disclosures that are required by law or necessary to avert a serious and imminent threat to health or safety.

In the NPRM we proposed to allow covered entities to use or disclose protected health information without individual authorization — consistent with applicable law and ethics standards — based on a reasonable belief that use or disclosure of the protected health information was necessary to prevent or lessen a serious and imminent threat to health or safety of an individual or of the public.

Similarly, this section is not intended to limit a covered entity from disclosing protected health information to law enforcement officials where other sections of the rule permit such disclosure, e.g., as permitted by § 164.512 (j) to avert an imminent threat to health or safety, for health oversight activities, to coroners or medical examiners, and in other circumstances permitted by the rule.