Not exact matches
Therefore, the
final rule includes new language, in § 164.510 (b)(4), which allows covered
entities to use or disclose protected health information to a public or private
entity authorized by law or its charter to assist in disaster relief efforts, for the purpose of coordinating with such
entities to notify, or assist in the notification of (including identifying or locating) a family member, an individual's personal representative, or another person responsible for the individual's care regarding the individual's location, general condition, or death.
In the
final rule, we include a waiver criterion requiring «there are adequate written assurances that the protected health information will not be re-used or disclosed to any other person or
entity, except as required by law, for
authorized oversight of the research project, or for other research for which the use or disclosure of protected health information would be permitted by this subpart.»
Response: Under the
final rule, if the disclosure is pursuant to an order of a court or administrative tribunal, covered
entities may disclose only the protected health information expressly
authorized by the order.
The
final rule, with modifications, allows a covered
entity to disclose protected health information to an
authorized federal official for the conduct of lawful intelligence, counter-intelligence, and other national security activities
authorized by the National Security Act and implementing authority (e.g., Executive Order 1233).
In addition, in the
final rule, we add «licensure or disciplinary actions» to the list of oversight activities
authorized by law for which covered
entities may disclose protected health information to health oversight agencies.
Under the
final rule, covered
entities may disclose protected health information to such individuals when the covered
entity or public health authority is
authorized by law to notify these individuals as necessary in the conduct of a public health intervention or investigation.
The
final rule still requires that the business associate contract
authorize the covered
entity to terminate the contract, if the covered
entity determines that the business associate has violated a material term of the contract, and it requires the covered
entity to terminate the contract if steps to cure such a material breach fail.
Under the
final rule, covered
entities may disclose protected health information in response to a court or administrative order, provided that only the protected health information expressly
authorized by the order is disclosed.
In the
final rule, we have added a new provision, § 164.512 (l), that permits covered
entities to make disclosures
authorized under workers» compensation and similar laws.
Response: In the
final rule, we have added an additional waiver criteria to require that there are adequate written assurances from the researcher that protected health information will not be re-used or disclosed to any other person or
entity, except as required by law, for
authorized oversight of the research project, or for other research for which the use or disclosure of protected health information would be permitted by this subpart.
Some commenters recommended that the
final rule permit the documentation of IRB or privacy board approval to be signed by persons other than the IRB or privacy board chair, including: (1) Any person
authorized to exercise executive authority under IRB's or privacy board's written procedures; (2) the IRB's or privacy board's acting chair or vice chair in the absence of the chair, if permitted by IRB procedures; and (3) the covered
entity's privacy official.
Therefore, the
final rule allows covered
entities to disclose protected health information pursuant to this provision not only to law enforcement officials, but to all federal officials
authorized by law to carry out the relevant activities.
The
final rule requires that the covered
entity obtain written agreement from the person or
entity receiving protected health information under § 164.512 (i) not to re-use or disclose protected health information to any other person or
entity, except: (1) As required by law, (2) for
authorized oversight of the research project, or (3) for other research for which the use or disclosure of protected health information would be permitted by this subpart.
Response: The
final rule permits a covered
entity to disclose protected health information to a public health authority
authorized by law to conduct public health activities, including the collection of data relevant to death or disease, in accordance with § 164.512 (b).