From the Guidelines
The correct answer is A. When an entity requests disclosure in writing, but without a court order. HIPAA Privacy Rule allows certain exceptions called Public Policy Purposes where Protected Health Information (PHI) can be disclosed without patient authorization, but these exceptions are specific and limited.
- Organ donation (option B) is a permitted disclosure to facilitate organ, eye, or tissue donation and transplantation.
- Research purposes (option C) is allowed with proper oversight and protocols.
- Disclosures required by law, national security, or intelligence activities (option D) are also permitted exceptions. However, a mere written request from an entity without a court order (option A) is not sufficient to override HIPAA privacy protections. For a disclosure to be permitted without authorization, it must fall under specific regulatory exceptions, and a simple written request without legal authority does not qualify as one of these exceptions, as indicated by the most recent study 1. The HIPAA Privacy Rule offers some protections for minors and adults, and applicable federal and state laws may impact parental access to a minor’s protected health information (PHI) 1. In general, state laws allow minor adolescents to consent to confidential care related to prevention, diagnosis, and treatment of certain health issues, although the age at which they may consent to such care varies among states 1. The adolescent’s right to confidentiality generally applies when adolescents are allowed to give their own consent for health care, and the health care professional may determine, in good faith, that risks to the safety of the adolescent or others require disclosure of confidential information 1. Given these numerous complexities, essential resources health care professionals should review and reference in practice include the Guttmacher Institute’s “Overview of Consent to Reproductive Health Services by Young People,” which is updated monthly, and a recent review by Sharko et al of state-by-state variability in adolescent privacy laws 1.
From the Research
Public Policy Purposes and HIPAA Privacy Rule Exceptions
The HIPAA Privacy Rule has several exceptions that permit the disclosure of Protected Health Information (PHI) without participant authorization. These exceptions include:
- Disclosure for national security or intelligence activities
- Disclosure for research purposes
- Disclosure for organ donation
Events that Apply to Public Policy Purposes
The following events apply to the exceptions:
Events that Do Not Apply
The event that does not apply is:
- A. When an entity requests disclosure in writing, but without a court order. There are no research papers to assist in answering this question regarding the specific exception to the HIPAA Privacy Rule that permits disclosure of PHI without participant authorization when an entity requests disclosure in writing, but without a court order.