A covered entity must disclose protected health information in only

A covered entity must disclose protected health information in only two situations: (a) to individuals (or their personal representatives) specifically when they request access to, or an accounting of disclosures of, their protected health information; and (b) to HHS when it is undertaking a compliance investigation. There are a few scenarios where you can disclose PHI without patient consent: coroner’s investigations, court litigation, reporting communicable diseases to a public health department, and reporting gunshot and knife wounds. Generally speaking, covered entities may disclose PHI to anyone a patient wants. They may also use or disclose PHI to notify a family member, personal representative, or someone responsible for the patient’s care of the patient’s location, general condition, or death. A breach of confidentiality occurs when a patient’s private information is disclosed to a third party without their consent. There are limited exceptions to this, including disclosures to state health officials and court orders requiring medical records to be produced. By definition, a PHI breach is “the acquisition, access, use, or disclosure of protected health information [by a covered entity or business associate] in a manner not permitted under [the HIPAA Privacy Rule] which compromises the security or privacy of the protected

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