HIPAA Updates – Mistakes to Avoid in 2018 and Guidance on Disclosing PHI related to Substance Abuse and Mental Illness

Fox Rothschild’s HIPAA & Heath Information Technology Blog recently published two posts directly relevant to physicians and medical practices.  The first post, 5 Common HIPAA Mistakes to Avoid in 2018, addresses some typical misconceptions regarding disclosure of protected health information (PHI) and offers some ideas regarding how to avoid them. The second post, New HIPAA Guidance on Disclosure of PHI related to Opioid Abuse and Mental Health, touches on the most recent HIPAA guidance released by the U.S. Department of Health and Human Services, Office of Civil Rights (OCR) regarding when and to whom PHI of patients suffering from addiction and mental illness may be shared.  Among other things, the guidance addresses disclosure of PHI to family members or friends of patients in situations where the patient is incapacitated or there is a serious or imminent threat to the patient’s health.  The guidance also addresses…

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