Does the HIPAA Privacy Rule permit nursing homes and other health care institutions to disclose information concerning admissions of supplemental security income (SSI) recipients to the Social Security Administration (SSA)?

Answer:

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. The purpose of these reporting requirements is to prevent SSI overpayments caused by a SSI recipient’s failure to timely report changes in eligibility.

These requirements are stated in the Social Security Act (42 U.S.C. 1383(e)(1)(C)), and communicated through SSA’s guidance and other implementation materials. The Privacy Rule permits covered entities to disclose protected health information without the individual’s authorization as required to comply with this law. See 45 CFR 164.512(a).

Created 12/20/02