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crime victims, disclosures by (HIPAA)
Workforce
members of covered entities
-- or of business associates
of covered entities -- who have been victims of a crime may
disclose protected
health information (PHI) to law
enforcement officials. Such disclosures must be:
- limited to the
PHI of the person(s) suspected of the crime;
- no more than
reasonably necessary to investigate the crime (the minimum
necessary standard can reasonably be inferred to cover
all actions associated with PHI, including this one).
As regards the
latter constraint, 45
CFR 164.512(f)(2)(i) is referenced, and it lists the following
as acceptable PHI disclosures in such circumstances: name
and address, date and place of birth, social security number,
ABO blood type and rh factor, type of injury, date and time
of treatment, date and time of death (if applicable), description
of distinguishing physical characteristics (including height,
weight, gender, race, hair color, eye color, presence or absence
of facial hair, scars and tattoos). Specifically excluded
from this list are: any results of DNA analyses, dental records,
or typing, samples or analysis of body fluids or tissues.
See also:
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