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When Covered Entities May Release Protected Health Information Only With A Patient's Consent And When They May Release It Without Consent, For Each Category: -Government Agencies -Legal Agencies Or Representatives -Research Groups?

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Connor Sephton answered
There is a government regulation (in most countries) called the Health Information Protection Act (or a similar title); this type of bill ensures that no private health information is leaked without a patient's consent. In general, protected health information will be held privately until at least 30 years after a person's death; then, it can be released for specific purposes.

Privacy Laws Regarding Health Information Are Very Hard To Break

• All government agencies will be bound by this type of national legislation; however, there are certain exceptions...for example, criminal investigations may require detectives or lawyers to issue subpoenas to government departments. These exceptions will be rare, and they will need to wind their way through the legal process before health records are released.

• Legal agencies will need to follow Court and national government regulations, just like government agencies do. The right to privacy regarding protected health information is considered very important, especially in legal situations, where litigation might result from the unlawful leaking of private, health-related information. A legal agency will need due cause to request the release of health records, even with a patient's express consent. Without a patient's consent, a subpoena may be required. It's possible that a court hearing will be scheduled to discuss the issue of releasing protected health information.

Research groups may not access private health care information about patients; they may also have great difficulty in obtaining health information with a patient's consent. These groups will generally bypass these obstacles by hiring focus groups or volunteers who sign waivers and then reveal certain (but not all) elements of their medical histories.

One exception to this rule may be mandatory drug testing by a service hired by an employer. These drug tests may reveal the use of certain controlled or illegal substances. When an employee is hired, he or she will be forced to sign a form agreeing to regular drug testing; the results may be made public, to the extent that they are needed to make decisions about work duties, promotions, and terminations.

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