Policy Manual


Permitted Uses and Disclosure of Protected Health Information Regarding Public Health Activates      

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.39&nonav=yes

Supporting References: HIPAA Privacy Rule Standard 164:512b

Parent Effective Date Approval Level Revision Dates Last Reviewed
N/A  4-13-2003  Board    4-13-2003
Related Document Code Related Document Name Type

Policy:  Community Care may disclose protected health information for public health related activities to: A public health authority that is authorized by law to collect or receive such information for the purpose of preventing or controlling disease, injury, or disability, including, but not limited to, the reporting of disease, injury, vital events such as birth or death, and the conduct of public health surveillance, public health investigations, and public health interventions; or, at the direction of a public health authority, to an official of a foreign government agency that is acting in collaboration with a public health authority; A public health authority or other appropriate government authority authorized by law to receive reports of child abuse or neglect; A person subject to the jurisdiction of the Food and Drug Administration (FDA) with respect to an FDA-regulated product or activity for which that person has responsibility, for the purpose of activities related to the quality, safety or effectiveness of such FDA-regulated product or activity. (Such purposes include: To collect or report adverse events or similar activities with respect to food or dietary supplements, product defects or problems including problems with the use or labeling of a product, or biological product deviations; To track FDA-regulated products; To enable product recalls, repairs, or replacement, or look back, including locating and notifying individuals who have received products that have been recalled, withdrawn, or are the subject of look back; or To conduct post marketing surveillance); A person who may have been exposed to a communicable disease or may otherwise be at risk of contracting or spreading a disease or condition if Community Care or public health authority is authorized by law to notify such person as necessary in the conduct of a public health intervention or investigation; An employer, about an individual who is a member of the workforce of the employer if, Community Care is a Community Care health care provider who is a member of the workforce of such employer or who provides health care to the individual at the request of the employer to conduct an evaluation relating to medical surveillance of the workplace or to evaluate whether the individual has a work-related illness or injury or the protected health information that is disclosed consists of findings concerning a work-related illness or injury or a workplace-related medical surveillance or the employer needs such findings in order to comply with its obligations, under 29 CFR parts 1904 through 1928, 30 CFR parts 50 through 90, or under state law having a similar purpose, to record such illness or injury or to carry out responsibilities for workplace medical surveillance; and Community Care provides written notice to the individual that protected health information relating to the medical surveillance of the workplace and work-related illnesses and injuries is disclosed to the employer by giving a copy of the notice to the individual at the time the health care is provided or if the health care is provided on the work site of the employer, by posting the notice in a prominent place at the location where the health care is provided.