correctional institutions and other custodial facilities (HIPAA)

Under HIPAA's Privacy Rule, covered entities may disclose the protected health information (PHI) of a person to the correctional or other "custodial" facility that has him/her in "lawful custody." Purposes include:

  • provision of health care to the individual;
  • the health and safety of other inmates;
  • the health and safety of officers or other employees of the correctional institution, or persons involved in transporting inmates; or
  • other activities necessary to the "maintenance of safety, security, and good order" of such institutions.

Correctional facilities may use PHI for all the purposes for which it can be disclosed.

An individual is no longer an inmate when released on parole, probation, supervised release, or otherwise is no longer in lawful custody.

See also:

 
 

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