What happens if a health info manager discloses info otherwise prohibited by statute or regulation, the health care provider could be liable for breach of confidentiality unless what ?
I will be happy to critique your thinking.
I think it was pursuant to a valid court order
If a health information manager discloses information that is otherwise prohibited by statute or regulation, the health care provider could be liable for a breach of confidentiality unless there is a legal exception or authorization that permits the disclosure. To determine the exceptions or authorizations, one must refer to the relevant statutes and regulations governing health information confidentiality.
To find the specific exceptions or authorizations related to health information disclosure, you can follow these steps:
1. Identify the jurisdiction: Each country or state may have its own set of laws and regulations regarding health information confidentiality. Identify the jurisdiction where the health care provider is located.
2. Consult the relevant statutes and regulations: Locate the applicable laws and regulations that govern health information confidentiality in the identified jurisdiction. These statutes often include privacy laws, health information privacy acts, or HIPAA (Health Insurance Portability and Accountability Act) in the United States. Note that the names and regulations might vary in different countries.
3. Determine the exceptions or authorizations: Read through the applicable statutes and regulations carefully. Look for specific provisions that outline circumstances where health information may be disclosed without breaching confidentiality. These provisions often detail exceptions such as when there is a legal requirement, when there are concerns for public safety or public health, or when the patient has given explicit consent for disclosure.
4. Consult legal experts: If you are uncertain about the interpretation of the laws or regulations, it is advisable to consult legal experts specializing in health information management or healthcare law. They can provide guidance based on their expertise and help ensure compliance with the relevant legal requirements.
By following these steps, you can determine the exceptions or authorizations that would allow a health care provider to disclose information without being held liable for breaching confidentiality as prohibited by statutes or regulations.