With an increased focus on opioid use and addiction, the Department of Health and Human Services (“HHS”) Office of Civil Rights (“OCR”) has issued guidance related to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) due to misunderstandings over when a healthcare provider can share an individual’s protected health information (“PHI”) in situations of overdose or need for emergency medical treatment related to opioid use. Generally speaking, HIPAA restricts a healthcare provider’s ability to share PHI, but there are instances when a healthcare provider may disclose PHI even if the patient has not authorized the disclosure.

Originally Published by the Medical Association of the State of Alabama - December 2017.