HIPAA Privacy - Disclosures by Workforce Members who are Victims of a Crime 164.502(j)(2)

Overview:
§164.502(j)(2)
Disclosures by workforce members who are victims of a crime:
A covered entity is not considered to have violated the requirements of this subpart if a member of its workforce who is the victim of a criminal act discloses protected health information to a law enforcement official, provided that: (i) The protected health information disclosed is about the suspected perpetrator of the criminal act; and (ii) The protected health information disclosed is limited to the information listed in §164.512(f)(2)(i).

Action Items:
1) Obtain and review policies and procedures related to disclosures of PHI by workforce members who are victims of a crime. Evaluate whether disclosures are treated consistent with the established performance criterion and the entity established policies and procedures.

Related Documents:
1) Policies and procedures related to disclosures of PHI by workforce members who are victims of a crime.

Additional Guidance:
Covered entities may disclose protected health information to law enforcement officials for law enforcement purposes under the following six circumstances, and subject to specified conditions:
(1) as required by law (including court orders, court-ordered warrants, subpoenas) and administrative requests;
(2) to identify or locate a suspect, fugitive, material witness, or missing person;
(3) in response to a law enforcement official’s request for information about a victim or suspected victim of a crime;
(4) to alert law enforcement of a person’s death, if the covered entity suspects that criminal activity caused the death;
(5) when a covered entity believes that protected health information is evidence of a crime that occurred on its premises; and
(6) by a covered health care provider in a medical emergency not occurring on its premises, when necessary to inform law enforcement about the commission and nature of a crime, the location of the crime or crime victims, and the perpetrator of the crime.