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DISCLOSING PHI FOR SPECIALIZED GOVERNMENT FUNCTIONS [DP164]
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Scope: Enterprise
Distribution: Executive Leadership Team; Director of Information Technology, Privacy and Data Security; All Employees with
Access to Protected Health Information (includes Contractors, temporary employees and Interns)
Purpose: To clarify when the organization can disclose Protected Health Information for certain governmental purposes.
External Regulation or Standard: 45 C.F.R. §164.512(k) ‐ uses and disclosures for specialized government functions
Who is Statement Policy, Standard, or Procedure Statement
Responsible Number
Employees and DP164.1 The organization may use and disclose Protected Health Information (PHI)
Others with Access without participant authorization for the following specialized government
to Protected Health functions: military and veterans activities; national security and intelligence
Information (PHI) activities; protective services for the President and others; medical suitability
determinations; correctional institutions and other law enforcement custodial
situations.
Employees and others DP164.3 The organization may disclose PHI of individuals in the Armed Forces without
with Access to PHI participant authorization for activities deemed necessary by appropriate military
command authorities to assure the proper execution of the military mission,
provided that the appropriate military command authorities and the purposes for
which the PHI may be used or disclosed is published in the Federal Register.
Employees and others DP164.4 The organization may use and disclose the PHI of individuals who are foreign
with Access to PHI military personnel to their appropriate foreign military authority for the same
purposes for which uses and disclosures are permitted for Armed Forces
personnel under Procedure #1.
Employees and others DP164.5 The organization may disclose PHI to authorized federal officials for the conduct
with Access to PHI of lawful intelligence, counter‐intelligence, and other national security activities
authorized by the National Security Act (50 U.S.C. 401, et seq.) and implementing
authority (e.g., Executive Order 12333), or; for the provision of protective
services to the President or other persons authorized by 18 U.S.C. 3056, or; to
foreign heads of state or other persons authorized by 22 U.S.C. 2709(a)(3), or for
the conduct of investigations authorized by 18 U.S.C. 871 and 879.
Employees and others DP164.6 The organization may disclose PHI to a correctional institution or a law
with Access to PHI enforcement official having lawful custody of an inmate or other individual, if the
correctional institution or law enforcement official represents that such
information is necessary for:
DP164.6a (a) the provision of health care to such participants;
DP164.6b (b) the health and safety of such individual or other inmates;
DP164.6c (c) the health and safety of the officers or employees of or others at the
correctional institution;
DP164.6d (d) the health and safety of such individuals and officers or other persons
responsible for the transporting of inmates or their transfer from one institution,
facility, or setting to another;
DP164.6e (e) law enforcement on the premises of the correctional institution; and
DP164.6f (f) the administration and maintenance of the safety, security, and good order
of the correctional institution.
GES CONFIDENTIAL 70