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The public interest in medical confidentiality lies in the preservation of the public trust in the healthcare system and medical profession. The doctor owes an ethical and legal obligation not to disclose, without consent of his patient, information that the doctor has gained in his professional capacit y.
Regardless of the method by which de-identification is achieved, the Privacy Rule does not restrict the use or disclosure of de-identified health information, as it is no longer considered protected health information, according to HHS.
A. Essentially any information that is patient-identifiable, even the patient's address, is confidential and must be protected. Only when the patient has agreed may it be used or disclosed for specific purposes.
Covered entities may disclose protected health information that they believe is necessary to prevent or lessen a serious and imminent threat to a person or the public, when such disclosure is made to someone they believe can prevent or lessen the threat (including the target of the threat).
HIPAA violation. HIPAA violations involving patient billing and other financial communications happen every day. Patient financial correspondence is absolutely protected health information (PHI) under HIPAA because it contains health information linked to individual identifiers.
In California, the California Confidentiality of Medical Information Act (CMIA) defines who may release confidential medical information, and under what circumstances. The CMIA also prohibits the sharing, selling, or otherwise unlawful use of medical information.
There is no California law similar to the HIPAA requirements related to business associates. Under HIPAA, organizations such as claims processors that handle information for covered entities (e.g., hospitals or insurers) must establish a business associate agreement and agree to follow HIPAA rules.
Health care providers may disclose the necessary protected health information to anyone who is in a position to prevent or lessen the threatened harm, including family, friends, caregivers, and law enforcement, without a patient's permission.
Health information is individually identifiable if it is received or created by various organizations, specifically including employers and their health plans; and identifies the individual to whom it relates, or in the reasonable view of the disclosing party, can be used to identify the individual.
What is CMIA? The Confidentiality of Medical Information Act (CMIA) is a California law that protects the confidentiality of individually identifiable medical information obtained by health care providers, health insurers, and their contractors.