Overview:
ยง164.512(k)(5)
Correctional institutions and other law enforcement custodial situations
(i) Permitted disclosures. A covered entity may disclose to a correctional institution or a law enforcement official having lawful custody of an inmate or other individual protected health information about such inmate or individual, if the correctional institution or such law enforcement official represents that such protected health information is necessary for: (A) The provision of health care to such individuals; (B) The health and safety of such individual or other inmates; (C) The health and safety of the officers or employees of or others at the correctional institution; (D) The health and safety of such individuals and officers or other persons responsible for the transporting of inmates or their transfer from one institution, facility, or setting to another; (E) Law enforcement on the premises of the correctional institution; or (F) The administration and maintenance of the safety, security, and good order of the correctional institution.
(ii) Permitted uses. A covered entity that is a correctional institution may use protected health information of individuals who are inmates for any purpose for which such protected health information may be disclosed.
(iii) No application after release. For the purposes of this provision, an individual is no longer an inmate when released on parole, probation, supervised release, or otherwise is no longer in lawful custody.
Action Items:
1) Obtain and review policies and procedures related to disclosures of PHI to correctional institutions or other law enforcement custodial situations for consistency with the established performance criterion.
2) Obtain and review a sample of documentation of disclosures to a correctional institution or law enforcement official; elements to consider include, but are not limited to, whether the disclosure is necessary for:
-The provision of health care to such individuals
-The health and safety of such individual or other inmates
-The health and safety of the officers or employees of or at the correctional institution
-The health and safety of such individuals and officers or other persons responsible for the transporting of inmates or their transfer from one institution, facility, or setting to another
-Law enforcement on the premises of the correctional institution
-The administration and maintenance of the safety, security, and good order of the correctional institution.
Related Documents:
1) Policies and procedures related to disclosures of PHI to correctional institutions or other law enforcement custodial situations for consistency with the established performance criterion.
2) Sample of documentation of disclosures to a correctional institution or law enforcement official.
Additional Guidance:
An authorization is not required to use or disclose protected health information for certain essential government functions. Such functions include: assuring proper execution of a military mission, conducting intelligence and national security activities that are authorized by law, providing protective services to the President, making medical suitability determinations for U.S. State Department employees, protecting the health and safety of inmates or employees in a correctional institution, and determining eligibility for or conducting enrollment in certain government benefit programs.
Article ID: 541
Created: September 29, 2022
Last Updated: September 29, 2022
Author: Matthew Burdick
Online URL: http://www.compliancewiki.org/article/hipaa-privacy-uses-and-disclosures-for-specialized-government-functions-correctional-institutions-164-512-k-5-541.html