Disclosures for Emergency Preparedness - A Decision Tool: Source is Individual
This is an Emergency Preparedness Decision Tool used to determine if the source of the information should be disclosed
Final
Issued by: Office for Civil Rights (OCR)
Issue Date: July 07, 1905
Disclosures for Emergency Preparedness - A Decision Tool: Source is Individual
Who is the source of the information to be disclosed?
YES, the source of the information is the individual.
The individual may disclose the information. The Privacy Rule applies only to covered entities and not individuals!
- The Privacy Rule does not apply to individual consumers. Individuals may disclose information to any person without regard to the Privacy Rule.
- For example, a consumer may provide information directly to anyone without an authorization.
The Privacy Rule limitations on disclosure of PHI apply to persons who are workforce members of a covered entity, such as employees, volunteers, board members and contractors. So while individual consumers or patients may share information about themselves, nurses or other hospital or medical staff are bound by the privacy protections of the Privacy Rule and may only disclose the information as the Privacy Rule permits.
HHS is committed to making its websites and documents accessible to the widest possible audience, including individuals with disabilities. We are in the process of retroactively making some documents accessible. If you need assistance accessing an accessible version of this document, please reach out to the guidance@hhs.gov.
DISCLAIMER: The contents of this database lack the force and effect of law, except as authorized by law (including Medicare Advantage Rate Announcements and Advance Notices) or as specifically incorporated into a contract. The Department may not cite, use, or rely on any guidance that is not posted on the guidance repository, except to establish historical facts.