Overview:
ยง164.512(f)(4)
Permitted disclosure: Decedents
A covered entity may disclose protected health information about an individual who has died to a law enforcement official for the purpose of alerting law enforcement of the death of the individual if the covered entity has a suspicious that such death may have resulted from criminal conduct.
Action Items:
1) Obtain and review policies and procedures related to disclosures of PHI to law enforcement officials that address the requirement.
2) Obtain and review documentation of such a disclosure, if available. Elements to consider include, but are not limited to, documentation of:
- Whether the entity exercised professional judgment
- Whether the entity believes in good faith that there was evidence of criminal conduct.
Related Documents:
1) Policies and procedures related to disclosures of PHI to law enforcement officials that address the requirement.
2) Documentation of such a disclosure, if available.
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.
Article ID: 530
Created: September 29, 2022
Last Updated: September 29, 2022
Author: Matthew Burdick
Online URL: http://www.compliancewiki.org/article/hipaa-privacy-disclosures-for-law-enforcement-purposes-an-individual-who-has-died-as-a-result-of-suspected-criminal-guide-164-512-f-4-530.html