HIPAA Privacy Rule and Disclosures of PHI for Extreme Risk Protection Orders

BobbyV

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Got this in a work email today . . . this current administration is really making me ashamed of working for an Agency within HHS . . . the stunt with Rachel Levine, appointing Murthy as SG again . . . the craziness from the CDC director . . . referring to the admin as the Biden-Harris administration . . . and now Becerra parroting the party line about gun violence.

Hopefully I can last until I retire in April 2025.

December 20, 2021

HHS Issues Guidance on HIPAA and Disclosures of Protected Health Information for Extreme Risk Protection Orders



The U.S. Department of Health and Human Services' (HHS) through its Office for Civil Rights (OCR) is issuing guidance to help clarify how the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule permits covered health care providers to disclose protected health information to support applications for extreme risk protection orders that temporarily prevent a person in crisis, who poses a danger to themselves or others, from accessing firearms. This guidance helps implement the U.S. Department of Justice's model extreme risk protection order legislation that provides a framework for states to consider in creating laws allowing law enforcement, concerned family members, or others to seek these orders and to intervene in an effort to save lives. These orders can be an important step toward improving the public's safety by helping to prevent firearm injuries and deaths.

The guidance issued today by OCR provides new guidance to support an extreme risk protection order on how HIPAA allows covered health care providers to disclose protected health information about an individual, without the individual's authorization. The guidance includes specific examples for each permission.

"Too often, communities bear the weight of heartbreaking tragedies caused by the epidemic of gun violence in our country," said HHS Secretary Xavier Becerra. "Today's guidance on HIPAA and Extreme Risk Protection Orders is an important step the Biden-Harris Administration is taking towards protecting communities from gun violence by allowing law enforcement, concerned family members, or others to prevent a person in crisis from accessing fire arms."

"HIPAA should not be a barrier to communication for law enforcement, concerned family members, health care providers, and others when they see an individual in crisis," said OCR Director Lisa J. Pino. "Today's guidance helps clarify legal requirements and to better support individuals in crisis."

The Guidance on HIPAA and Disclosures of Protected Health Information for Extreme Risk Protection Orders may be found at: HIPAA Privacy Rule and Disclosures of Protected Health Information for Extreme Risk Protection Orders.

 

PBramble

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So we have a rule in place that says no infringement by the .gov. Now, the .gov wants new laws infringing? But they want the states to do it because they know it will be challenged in court and they don't want to be the ones setting precedent. Unless it passes, then they can say they did that.
 

Glocktogo

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The state of Oklahoma won't buy into this nonsense, but will your mega-corp health care provider? Will they lobby in favor of increaded reporting? We already know that elements in our society want to widen the swath of "Prohibited" Americans, so this topic warrants strict scrutiny on a constitutional basis.
 

R D Harmon

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Got this in a work email today . . . this current administration is really making me ashamed of working for an Agency within HHS . . . the stunt with Rachel Levine, appointing Murthy as SG again . . . the craziness from the CDC director . . . referring to the admin as the Biden-Harris administration . . . and now Becerra parroting the party line about gun violence.

Hopefully I can last until I retire in April 2025.

So much for killing the Red Flag Laws.
Criminals advocate stronger gun laws to foster a safer work environment. This limits their exposure to risk.
 

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