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  5. 327-My state law says I may provide information regarding an injured workers' previous condition am I permitted to make this disclosure under HIPAA
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My state law says I may provide information regarding an injured workers' previous condition, which is not directly related to the claim for compensation, to an employer or insurer if I obtain the workers' written release. Am I permitted to make this disclosure under the HIPAA Privacy Rule?

Answer:

A covered entity may disclose protected health information where the individual’s written authorization has been obtained, consistent with the Privacy Rule’s requirements at 45 CFR 164.508. Thus, a covered entity would be permitted to make the above disclosure if the individual signed such an authorization.

Date Created: 12/20/2002

Content created by Office for Civil Rights (OCR)
Content last reviewed January 9, 2023
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