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164.512(f) |
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Uses/Disclosures for
Law Enforcement Purposes: CE may disclose PHI to law enforcement
official for a law enforcement purpose if the conditions of ¶ 9.6
are met, as applicable. |
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164.512(f)(1) |
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Permitted
disclosures pursuant to process and as otherwise required by law:
9.6.1.1. |
As required by law, including laws requiring
reporting of certain types of wounds and injuries, except
laws subject to ¶ 9.2.1.2. (re: reporting child abuse
and neglect) and ¶ 9.4.1.1. or
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9.6.1.2. |
In compliance
with and as limited by relevant requirements of:
9.6.1.2.1. |
A court
order, or a court ordered warrant, subpoena or summons
issued by a judicial officer; |
9.6.1.2.2. |
A grand jury subpoena; or
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9.6.1.2.3. |
An administrative
request, provided that the information is relevant to
the law enforcement inquiry, the request is limited to
the extent practicable, and de-identified information
could not reasonably be used. |
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164.512(f)(2) |
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Permitted disclosure of limited information
for identification and location purposes: Except for disclosures
required by law as permitted under ¶ 9.6.1., CE may disclose
PHI in response to a law enforcement official's request to assist
in identifying or locating a suspect, fugitive, material witness
or missing person:
9.6.2.1. |
CE may disclose only the following information:
9.6.2.1.1. |
Name
and address; |
9.6.2.1.2. |
Date
and place of birth; |
9.6.2.1.3. |
Social
Security Number; |
9.6.2.1.4. |
ABO blood
type and rh factor; |
9.6.2.1.5. |
Type
of injury; |
9.6.2.1.6. |
Date
and time of treatment; |
9.6.2.1.7. |
Date
and time of death; |
9.6.2.1.8. |
Distinguishing
physical characteristics, including , weight, gender,
race, hair and eye color, presence or absence of facial
hair, scars, and tattoos. |
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9.6.2.2. |
Except as permitted
under ¶ 9.6.2.1., CE may not disclose for identification
or location purposes any PHI relating to DNA or DNA analysis,
dental records, typing, samples or analysis of body fluids or
tissues. |
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164.512(f)(3) |
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Victims of Crime: Except for disclosures
permitted under 9.6.1., CE may disclose PHI in response to a law
enforcement official's request relating to an individual who is
or is suspected of being a victim of a crime, other than disclosures
subject to ¶ 9.2. and ¶ 9.4. if:
9.6.3.1. |
Individual
agrees; or: |
9.6.3.2. |
CE is unable
to obtain individual's agreement because of incapacity or other
emergency provided that:
9.6.3.2.1. |
The law
enforcement official needs the information to determine
if someone else committed a crime, and the PHI will not
be used against the victim; |
9.6.3.2.2. |
Immediate law enforcement activity
that depends on disclosure of the PHI would be materially
and adversely affected by waiting; and
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9.6.3.2.3. |
CE, exercising
professional judgment, believes disclosure is in the best
interest of the victim. |
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164.512(f)(4) |
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Decedents: CE may disclose decedent's
PHI to law enforcement in order to alert law enforcement of the
death if the CE suspects the death resulted from criminal conduct.
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164.512(f)(5) |
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Crime on Premises: CE may disclose PHI
to law enforcement if the CE in good faith believes the PHI constitutes
evidence of a crime committed on the premises of the CE.
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164.512(f)(6) |
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Reporting Crime in Emergencies: A covered provider, providing
off-site emergency medical care may report PHI as necessary to alert
law enforcement to the commission and nature of the crime; location
of the crime and of crime victim(s); and the identity, description
and location of the perpetrator. If CE believes that the emergency
is the result of abuse, neglect or domestic violence, disclosure
is subject to ¶ 9.4.
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164.512(k)(5) |
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Correctional institutions
and other law enforcement custodial situations: CE may disclose
PHI to a correctional institution or to law enforcement official with
custody of the individual when a correctional institution or law enforcement
official represent that the PHI is necessary to provide care to the
individual, or for the health and safety of the individual, other
inmates, correctional employees, transport employees, law enforcement
personnel at the location, and for the safety, security and good order
of the institution.
9.6.7.1. |
CE that is a
correctional institution may use PHI for any purpose for which
the PHI may be disclosed. |
9.6.7.2. |
An individual
is no longer an inmate once released on parole, probation, supervised
release or is otherwise no longer in lawful custody. |
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