HHS Drafts HIPAA Guidance on Disclosure to COVID-19 First Responders

In its bulletin, the OCR-HHS states that situations for which HIPAA-protected health information of a patient who has, or has been exposed to, COVID-19 can be released to first responders include:

• When needed to provide treatment: As an example, a “covered skilled nursing facility [can] disclose PHI about an individual who has COVID-19 to emergency medical transport personnel who will provide treatment while transporting the individual to a hospital’s emergency department.”
• When required by law: “HIPAA permits a covered entity, such as a hospital, to disclose PHI about an individual who tests positive for COVID-19 in accordance with a state law requiring the reporting of confirmed or suspected cases of infectious disease to public health officials.”
• When first responders may be at risk for an infection: “HIPAA permits a covered county health department, in accordance with a state law, to disclose PHI to a police officer or other person who may come into contact with a person who tested positive for COVID-19, for purposes of preventing or controlling the spread of COVID-19.”
• When disclosure is necessary to prevent or lessen a serious and imminent threat: “HIPAA permits a covered entity, consistent with applicable law and standards of ethical conduct, to disclose PHI about individuals who have tested positive for COVID-19 to fire department personnel, child welfare workers, mental health crisis services personnel, or others charged with protecting the health or safety of the public if the covered entity believes in good faith that the disclosure of the information is necessary to prevent or minimize the threat of imminent exposure to such personnel in the discharge of their duties.”
• For correctional institutions or law enforcement officials having lawful custody of an inmate: “HIPAA permits a covered entity, such as a physician, located at a prison medical facility to share an inmate’s positive COVID-19 test results with correctional guards at the facility for the health and safety of all people at the facility.”