Does HIPAA prohibit physicians or health care facilities from making communicable disease reports?
No. To the contrary, HIPAA specifically allows physicians and facilities that are HIPAA-covered entities to make these reports. There are two sections of the HIPAA privacy rule that expressly allow covered entities to report communicable diseases or conditions to public health officials:
- Section 164.512(a) allows health care providers to disclose protected health information when the disclosure of information is required by another law, such as a state law. North Carolina state laws that require physicians to report fit into this category.
- Section 164.512(b) specifically allows health care providers to disclose protected health information to a public health authority that is authorized by law to receive the information for public health purposes, including the investigation or control of diseases. A North Carolina state law authorizing but not requiring medical facilities to report fits into this category.
Public Officials - Local and State Government Roles
Topics - Local and State Government