Skip to main content
U.S. flag

An official website of the United States government

Here’s how you know

Dot gov

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

HTTPS

Secure .gov websites use HTTPS
A lock (LockA locked padlock) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

HHS.gov
  • About HHS
  • Programs & Services
  • Grants & Contracts
  • Laws & Regulations
  • HIPAA for Individuals
  • Filing a Complaint
  • HIPAA for Professionals
  • Newsroom

Breadcrumb

  1. HHS
  2. HIPAA Home
  3. For Professionals
  4. FAQ
  5. 707-For disclosures can notice be provided to the individual's lawyer instead of the individual
  • Authorizations (30)
  • Business Associates (41)
  • Compliance Dates (2)
  • Covered Entities (14)
  • Decedents (9)
  • Disclosures for Law Enforcement Purposes (5)
  • Disclosures for Rule Enforcement (1)
  • Disclosures in Emergency Situations (2)
  • Disclosures Required by Law (6)
  • Disclosures to Family and Friends (28)
  • Disposal of Protected Health Information (6)
  • Facility Directories (7)
  • Family Medical History Information (3)
  • FERPA and HIPAA (10)
  • Group Health Plans (3)
  • Health Information Technology (41)
  • Incidental Uses and Disclosures (10)
  • Judicial and Administrative Proceedings (8)
  • Limited Data Set (6)
  • Marketing (18)
  • Marketing - Refill Reminders (16)
  • Mental Health (35)
  • Minimum Necessary (14)
  • Notice of Privacy Practice (20)
  • Personal Representatives and Minors (12)
  • Preemption of State Law (10)
  • Privacy Rule: General Topics (12)
  • Protected Health Information (2)
  • Public Health Uses and Disclosures (13)
  • Research Uses and Disclosures (20)
  • Right to Access and Research (58)
  • Right to an Accounting of Disclosures (8)
  • Right to File a Complaint (1)
  • Right to Request a Restriction (3)
  • Safeguards (13)
  • Security Rule (24)
  • Smaller Providers and Businesses (145)
  • Student Immunizations (8)
  • Telehealth (11)
  • Transition Provisions (3)
  • Treatment, Payment, and Health Care Operations Disclosures (30)
  • Workers Compensation Disclosures (5)

For disclosures for judicial and administrative proceedings, can notice be provided to the individual's lawyer instead of the individual?

Answer:

Yes. A covered entity that is not a party to litigation must obtain or receive the satisfactory assurances required by 45 CFR 164.512(e) before making a disclosure for a judicial or administrative proceeding. Where the satisfactory assurances are in the form of notice to the individual, a written statement and accompanying documentation of notice to the individual’s lawyer is considered to be notice to the individual and, thus, suffices, provided the documentation otherwise meets the requirements of 45 CFR 164.512(e)(1)(iii). Specifically, the written statement and accompanying documentation must demonstrate that the notice included sufficient information about the litigation to permit the individual to raise an objection to the court; and that the time for the individual to raise objections has elapsed, with no objections having been filed, or all filed objections having been resolved.

Date Created: 01/07/2005

Content created by Office for Civil Rights (OCR)
Content last reviewed July 26, 2013
Back to top
  • Contact HHS
  • Careers
  • HHS FAQs
  • Nondiscrimination Notice
  • HHS Archive
  • Accessibility
  • Privacy Policy
  • Viewers & Players
  • Budget/Performance
  • Inspector General
  • Web Site Disclaimers
  • EEO/No Fear Act
  • FOIA
  • The White House
  • USA.gov

Sign Up for Email Updates

Receive the latest updates from the Secretary, Blogs, and News Releases.

Sign Up
HHS Logo

HHS Headquarters

200 Independence Avenue, S.W.
Washington, D.C. 20201
Toll Free Call Center: 1-877-696-6775​