Disclosures Required by Law

No. The Privacy Rule is not intended to impede the flow of health information to those who need it to process or adjudicate claims, or coordinate care, for injured or ill workers under workers’ compensation systems.

325-Am I permitted to disclose the information required by my state law

The HIPAA Privacy Rule permits a covered entity to disclose protected health information as necessary to comply with State law.

360-My state requires consent to use or disclose health information. Does the HIPAA Privacy Rule take away this protection

The Privacy Rule does not prohibit a covered entity from obtaining an individual's consent to use or disclose his or her health information and, therefore, presents no barrier to the entity's ability to comply with State law requirements.

398-Does HIPAA permit nursing homes to disclose information concerning admissions of SSI recipients to the SSA

Yes. SSA requires nursing homes, extended care facilities, and intermediate care facilities to report to SSA, within 2 weeks, admissions information about anyone receiving SSI who is admitted to the institution.

909-May a covered entity disclose PHI to a Protection and Advocacy system where the disclosure is required by law

Yes. The Privacy Rule permits a covered entity to disclose protected health information (PHI) without the authorization of the individual to a state-designated Protection and Advocacy (P&A) system to the extent that such disclosure is required by law and the disclosure complies with the requirements of that law.