There are times when we need to disclose client information without authorization in a threat to health or safety situation. Are there rules or policies that support that action?
Yes, AND you must also know if there are other state or federal laws that apply to your area of responsibility and the records you keep. HIPAA 45 CFR 164.512(c)(1) HIPAA does not impose a duty to warn on covered entities but it does allow them to disclose protected health information if they believe it is necessary to prevent or lessen a serious or imminent threat to the health or safety of a person. 42 CFR Part 2 (federal alcohol/drug confidentiality rule) does not contain an explicit authorization to make “duty to warn” notification, but it does state, “Therefore, if a program feels it is important to report a threat to someone’s health or safety, it must do so anonymously, or in a way that does not disclose that the person making the threat is a patient in the program or has a drug or alcohol problem, or obtain a court order if time allows.” DHS Policy AS-100-003: “3. Exceptions where limited uses or disclosures are allowed without authorization, to the extent not prohibited or othe
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