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legalgems, Lawyer
Category: Legal
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Is a service provider allowed to send personal information

Customer Question

Is a service provider allowed to send personal information about my health to a secondary service provider without my permission or knowledge and without the referral of my primary care provider?
Submitted: 6 months ago.
Category: Legal
Expert:  legalgems replied 6 months ago.
HIPPA is codified at 45 CFR 160 et seq.Yes. The Privacy Rule allows covered health care providers to share protected health information for treatment purposes without patient authorization, as long as they use reasonable safeguards when doing so. These treatment communications may occur orally or in writing, by phone, fax, e-mail, or otherwise.For example:A laboratory may fax, or communicate over the phone, a patient’s medical test results to a physician.A physician may mail or fax a copy of a patient’s medical record to a specialist who intends to treat the patient.A hospital may fax a patient’s health care instructions to a nursing home to which the patient is to be transferred.A doctor may discuss a patient’s condition over the phone with an emergency room physician who is providing the patient with emergency care.A doctor may orally discuss a patient’s treatment regimen with a nurse who will be involved in the patient’s care.A physician may consult with another physician by e-mail about a patient’s condition.A hospital may share an organ donor’s medical information with another hospital treating the organ recipient.The Privacy Rule requires that covered health care providers apply reasonable safeguards when making these communications to protect the information from inappropriate use or disclosure. These safeguards may vary depending on the mode of communication used. For example, when faxing protected health information to a telephone number that is not regularly used, a reasonable safeguard may involve a provider first confirming the fax number with the intended recipient. Similarly, a covered entity may pre-program frequently used numbers directly into the fax machine to avoid misdirecting the information. When discussing patient health information orally with another provider in proximity of others, a doctor may be able to reasonably safeguard the information by lowering his or her voice. Please see: Further questions? Please post here to continue the chat. Satisfied? Kindly rate positively so I receive credit for assisting you.(no additional charges are incurred). Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.
Expert:  legalgems replied 6 months ago.
Thank you for using Just Answer.I hope the information provided was useful.Here is a link to the bar association's legal referral site: you have further questions please post here; otherwise kindly--- Rate Positively---so the site credits me for assisting you.Thank you and take care!

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