Government Entity Acting As A Public Health Healthcare Provider
Public health programs, particularly at the
county level, often provide direct services in a variety of
areas. Some common services performed by public health include
immunizations, prevention services such as screenings,
assessments, and testing, HIV, STD, and TB treatment, and
primary care services for infants and children and other
vulnerable populations not covered by Medicaid.
Other public providers of health services that may find
themselves directly or indirectly impacted by the HIPAA privacy
provisions include social service programs such as aging,
vocational rehabilitation, disability, home care, mental health,
substance abuse, crisis and/or emergency services, and school
health. While these tables are targeted more specifically to
public health programs, the public programs listed above may
also find the PRISM tool useful for general privacy guidance.
The provider function is directly impacted by HIPAA, but the
privacy provisions should not substantively affect most uses and
disclosures for that function. However, some public health
services not previously considered health services now fall
under the HIPAA definition of health care, which is quite broad:
Care, services, or supplies related to the health of an
individual and includes, but is not limited to, the following:
(1) Preventive, diagnostic, therapeutic, rehabilitative,
maintenance, or palliative care, and counseling, service,
assessment, or procedure with respect to the physical or mental
condition, or functional status, of an individual or that
affects the structure or function of the body; and
(2) Sale or dispensing of a drug, device, equipment, or other
item in accordance with a prescription.
Therefore, some existing programs not previously considered
service providers may now have to comply with privacy
requirements for that function.
Select the type of data disclosure in which you are interested.
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TABLE 1: WHO
CONTROLS INFORMATION ABOUT INDIVIDUALS
TABLE 2: DISCLOSURES FOR
TREATMENT, PAYMENT AND HEALTH CARE OPERATIONS
TABLE 3: DISCLOSURES TO PERSONS
INVOLVED IN INDIVIDUAL’S CARE; FOR NOTIFICATION PURPOSES
(NON-TPO DISCLOSURES ALLOWED WITHOUT AUTHORIZATION)
TABLE 4: DISCLOSURES REQUIRED BY
LAW; FOR PUBLIC HEALTH ACTIVITIES; FOR HEALTH OVERSIGHT; FDA
REGULATED PRODUCTS (NON-TPO DISCLOSURES ALLOWED WITHOUT
AUTHORIZATION)
TABLE 5: DISCLOSURES TO AVERT
SERIOUS THREAT TO HEALTH AND SAFETY; FOR ORGAN DONATIONS; TO
WHISTLE-BLOWERS AND WORKFORCE MEMBER CRIME VICTIMS (NON-TPO
DISCLOSURES ALLOWED WITHOUT AUTHORIZATION)
TABLE 6: DISCLOSURES FOR JUDICIAL
AND ADMINISTRATIVE PROCEEDINGS; LAW ENFORCEMENT PURPOSES;
CORRECTIONAL AGENCIES; BOARDS OF PRACTICE (NON-TPO DISCLOSURES
ALLOWED WITHOUT AUTHORIZATION)
TABLE 7: DISCLOSURES FOR
SPECIALIZED GOVERNMENT FUNCTIONS; WORKERS’ COMPENSATION;
BUSINESS ASSOCIATES (NON-TPO DISCLOSURES ALLOWED WITHOUT
AUTHORIZATION)
TABLE 8: DISCLOSURES FOR
RESEARCH; TO HHS; FOR MARKETING; FUNDRAISING (NON-TPO
DISCLOSURES ALLOWED WITHOUT AUTHORIZATION)
TABLE 9: DISCLOSURES TO SCHOOLS;
TO CORONERS AND MEDICAL EXAMINERS; TO LAW ENFORCEMENT ABOUT
CRIME VICTIMS; PUBLIC BENEFITS PROGRAM (NON-TPO DISCLOSURES
ALLOWED WITHOUT AUTHORIZATION)
TABLE 10: DISCLOSURES TO
GOVERNMENT DEPARTMENTS AND AGENCIES PERFORMING BUSINESS
ASSOCIATION FUNCTIONS; COUNTY AND STATE FINANCE AND ACCOUNTING;
CENTRAL IT; COUNTY AND STATE ATTORNEYS; ARCHIVES (NON-TPO
DISCLOSURES ALLOWED WITHOUT AUTHORIZATION)
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