Opioid Crisis and Response to Overdoses Sharing of Protected Health Information (PHI)
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Opioid Crisis and Response to Overdoses
Sharing of Protected Health Information (PHI)
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The U.S. Department of Health and Human Services Office of Civil Rights (OCR) launched a new campaign to inform the public about civil rights protections and opioid use disorder treatment and recovery services. The OCR guidance includes key points of information about working with patients’ loved ones following an overdose, which are highlighted below.
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Working with Family Members Following an Overdose
Key Takeaway Points from OCR Guidance
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After an overdose, health professionals may share patient information with the patient's loved ones if the patient is in crisis and incapacitated or faces a serious and imminent threat of harm. |
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Federal privacy law permits patients' families to be involved with their care following an overdose, while also protecting patients' right to decide when and whether their information will be shared.
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After a patient recovers from an overdose and regains capacity to make healthcare decisions, the patient still has the right to confidentiality - unless there is a serious and imminent threat of harm to the patient.
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Where to go for more information…
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The CoE-PHI has updated its Resource Center with key resources that address important anti-discrimination protections for individuals with substance use disorder, including people who receive medication-assisted treatment (MAT) for opioid use disorder. These documents are meant to assist in the interpretation and application of PHI laws and regulations as they relate to the opioid crisis.
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If you have any questions or comments please contact CoE for PHI Director Michael Graziano at mgraziano@caiglobal.org |
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Disclaimer
Resources, training, technical assistance, and any other information provided through the CoE for PHI do not constitute legal advice. For legal advice, including legal advice on other applicable state and federal laws, please seek out local counsel.
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