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1.ME.35 |
Permitted Uses and Disclosure of Protected Health Information Regarding Judicial and Administrative Proceedings
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Type: Policy
Category: General
Level: Community Care
Parties: Community Care employees and contractees
Printer Friendly Version: http://apps.comcareme.org/policymanual/default.aspx?code=1.ME.35&nonav=yes
Supporting References: HIPAA Privacy Rule Standard 164:512e
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Parent |
Effective Date |
Approval Level |
Revision Dates |
Last Reviewed |
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N/A |
4-13-2003
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Board
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4-13-2003 |
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Related Document Code |
Related Document Name |
Type |
Policy: Community Care may disclose protected health information in the course of any judicial or administrative proceeding as follows: In response to an order of a court or administrative tribunal, provided that Community Care discloses only the protected health information expressly authorized by such order; or in response to a subpoena, discovery request, or other lawful process that is not accompanied by an order of a court or administrative tribunal if Community Care receives satisfactory assurance* from the party seeking the information that reasonable efforts have been made by such party to ensure that the individual who is the subject of the protected health information that has been requested has been given notice of the request; or Community Care receives satisfactory assurance** from the party seeking the information that reasonable efforts have been made by such party to secure a qualified protective order.*** (See Definitions for *) However, Community Care may disclose protected health information in response to lawful process described in this policy without receiving satisfactory assurance if Community Care makes reasonable efforts to provide notice to the individual or to seek a qualified protective order.