How do HIPAA privacy rules apply to public health agencies?
The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that protects patient health data. The HIPAA Privacy Rule may affect how a public health department can conduct, process, and collect information from providers or institutions required to protect personal information. However, there are important exceptions to the HIPAA Privacy Rule that permit activities for public health purposes that would otherwise be restricted.
The following two permitted exceptions are most relevant to public health programs:
• The public health exception. It allows hospitals, laboratories, and physicians to share protected health information related to reportable illness with public health agencies or officials.
• The judicial and administrative proceedings exception. A public health department may be ordered to provide protected health information gathered during an investigation. This might occur during a judicial hearing, or in response to a subpoena, request for discovery, or other legal process.
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