4.2.A.4 HIPAA/Privacy: Uses and Disclosures - Uses and Disclosures of PHI for Public Health Purposes Policy

  • POLICY:

    Lister Healthcare Corporation may, in accordance with the requirements of this policy and procedure, use or disclose a patient's protected health information for public health purposes and activities without obtaining the patient's written authorization or oral agreement. (CFR 164.512b)

    PROCEDURE:

    • Public Health Activities.
      • Lister Healthcare Corporation may disclose protected health information to a public health authority authorized by law to collect or receive information for the purpose of preventing or controlling disease, injury, or disability, including 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. Lister Healthcare Corporation may, at the direction of a public health authority, release this information to an official of a foreign government agency that is acting in collaboration with the public health authority. (CFR 164.512b1i)
    • Reports of Child Abuse or Neglect.
      • Lister Healthcare Corporation may disclose protected health information to a public health authority or other appropriate government authority authorized by law to receive reports of child abuse or neglect. (CFR 164.512b1ii)
    • FDA-Regulated Products and Activities.
      • Lister Healthcare Corporation may disclose protected health information to a person subject to the jurisdiction of the Food and Drug Administration (FDA) with respect to and 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, including:
        • the collection or reporting of adverse events, product defects or problems;
        • biological product deviations;
        • the tracking of FDA-regulated products;
        • The enablement of product recall, repairs, replacements or look-backs; and
        • post-marketing surveillance (164.512b1iii)
    • Communicable Diseases.
      • Lister Healthcare Corporation may disclose protected health information to 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 Lister Healthcare Corporation or public health authority is authorized by law to notify such person as necessary in the conduct of public health intervention or investigation. (164.512b1iv)
    • Evaluations at an Employer's Request.
      • Lister Healthcare Corporation may disclose protected health information to an employer about a person who is a member of the employer's workforce, if:
        • Lister Healthcare Corporation provides healthcare to the person at the request of the employer to conduct an evaluation relating to medical surveillance of the workplace, or to evaluate whether the person has a work-related illness or injury;
        • the protected health information that is disclosed consists of findings concerning such surveillance, illness or injury;
        • the employer needs such findings in order to comply with its obligations the Occupational Safety and Health Act of 1970, as set forth in 29 CFR parts 1904 through 1928, or under state law having a similar purpose, to record such illness or injury or to carry out responsibilities for workplace medical surveillance; and
        • Lister Healthcare Corporation provides written notice to the person that protected health information relating to the medical surveillance of the workplace and work-related illnesses and injuries is disclosed to the employer (1) by giving a copy of the notice to the person at the time the health care is provided, or (2) 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. (164.512b1v)

    Revised 12/2013

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