4.4.B HIPAA/Privacy: Other Requirements - Release of PHI Required by Law Policy

  • POLICY:

    Lister Healthcare Corporation may, in accordance with the requirements of this policy and procedure, and without the patient's written authorization or oral agreement, disclose a patient's protected health information pursuant to a court order or lawful process for use and disclosure in a judicial or administrative proceeding. (164.512e) 

    PROCEDURE:

    • Pursuant to an Order of a Court or Administrative Tribunal.
      • Lister Healthcare Corporation may, following consultation with legal counsel or pursuant to Lister Healthcare Corporation's written policies and procedures for handling court orders and other legal documents, disclose protected health information in the course of any judicial or administrative proceeding in response to an order of a court or administrative tribunal, provided that Lister Healthcare Corporation discloses only the protected health information expressly authorized by the order. (164.512e1i)
    • Pursuant to Lawful Process.
      • Lister Healthcare Corporation may, following consultation with legal counsel or pursuant to Lister Healthcare Corporation's policies and procedures for handling subpoenas and other legal documents, disclose protected health information in the course of any judicial or administrative proceeding in response to a subpoena, discovery request, or other lawful process, that is not accompanied by an order of a court or administrative tribunal, if Lister Healthcare Corporation receives satisfactory assurance, as described in the procedure, that reasonable efforts have been made:
        • to ensure that the patient has been given notice of request; or
        • to secure a qualified protective order as described in this section. (164.512e1ii)
      • In lieu of obtaining the required assurance, Lister Healthcare Corporation may itself make the reasonable efforts to ensure the provision of notice or secure the qualified protective order required by this procedure. (164.512e1vi)
    • Satisfactory Assurance Relevant to Notice.
      • Satisfactory assurance relevant to the notice that is required in this procedure is received if Lister Healthcare Corporation receives a written statement and accompanying documentation demonstrating that:
        • the party requesting the information has made a good faith attempt to provide written notice to the patient (or, if the patient's location is unknown, to email a notice to the patient's last known address);
        • the notice included sufficient information about the litigation or proceeding in which the protected health information is requested to permit the person to raise an objection to the court or administrative tribunal; and
        • the time for the patient to raise objections to the court or administrative tribunal has elapsed and no objections were filed, or all objections filed by the person have been resolved by the court or tribunal and the disclosures are consistent with that resolution. (164.512e1iii)
    • Satisfactory Assurance Relevant to a Protective Order.
      • Satisfactory assurance that reasonable efforts have been made to secure a qualified protective order is received is Lister Healthcare Corporation receives a written statement and accompanying documentation demonstrating that:
        • the parties to the dispute have agreed to a qualified protective order and have presented it to the court or administrative tribunal with jurisdiction over the dispute; or
        • the party seeking the information has requested a qualified protective order from such court or administrative tribunal. (164.512e1iv)
    • Qualified Protective Order.
      • A qualified protective order means an order of a court or administrative tribunal, or a stipulation by the parties to the litigation or administrative proceeding that:
        • prohibits the parties from using or disclosing the protected health information for any purpose other than the litigation or proceeding for which the information is requested; and
        • requires the return to Lister Healthcare Corporation or destruction of the protected health information (including all copies made) at the end of the litigation or proceeding. (164.512e1v)
    • Other Mandatory Releases.
      • This policy and procedure does not supersede other policies and procedures on releases of protected health information that may otherwise permit or restrict a release of the information. (164.512e2)

    Revised 12/2013

  • Date Format: MM slash DD slash YYYY