Question
1: Assume that a state law enforcement officer who for two days has been unsuccessfully searching for a murder suspect arrives at a covered hospital
1: Assume that a state law enforcement officer who for two days has been unsuccessfully searching for a murder suspect arrives at a covered hospital emergency department (ED) and asks a physician in the ED to disclose to the officer Protected Health Information (PHI) relating to any patients who have received treatment for gunshot wounds in the last two days. Is this permitted under 45 CFR 164.512(f)? 2: Pregnant Angelina Jolie would like to give birth to her baby at Hollywood Hills Hospital (HHH), a covered hospital. HHH hands Angelina a "Conditions of Admissions" packet. In the packet is a form that Angelina must sign before she can be admitted to the Labor and Delivery Unit. The form states that Angelina authorizes HHH to use and disclose Angelina's baby's PHI, including a close up picture of his or her face for purposes of advertising the hospital's delivery services. Is HHH legally permitted under 45 C.F.R. 164.508(b)(4), and 164.508 (c)(2)(ii) to condition the provision of its patient hospital services (labor and delivery services) on Angelina signing the authorization? 3: A covered psychiatrist located in Newark, NJ, would like to send a patient's psychotherapy notes to the patient's new psychiatrist in Phoenix, Arizona, to assist the new psychiatrist in understanding the patient's very complex family relationships. Does this qualify as: - Permitted disclosure under 45 C.F.R. 164.506? - Permitted disclosure under 45 C.F.R. 164.508(a)(2)(i) or (ii)? - Or is authorization required under 45 C.F.R. 164.508(a)(1)?
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