Can you point to the section that says that? I skimmed it but it's a lot.
(2) Permitted disclosures: Limited information for identification and location purposes. Except for disclosures
required by law as permitted by
paragraph (f)(1) of this section, a
covered entity may disclose
protected health information in response to a
law enforcement official's request for such information for the purpose of identifying or locating a suspect, fugitive, material witness, or missing
person, provided that:
(i) The
covered entity may disclose only the following information:
(A) Name and address;
(B) Date and place of birth;
(C) Social security number;
(D) ABO blood type and rh factor;
(E) Type of injury;
(F) Date and time of
treatment;
(G) Date and time of death, if applicable; and
(H) A description of distinguishing physical characteristics, including height, weight, gender, race, hair and eye color, presence or absence of facial hair (beard or moustache), scars, and tattoos.
(ii) Except as permitted by
paragraph (f)(2)(i) of this section, the
covered entity may not disclose for the purposes of identification or location under
paragraph (f)(2) of this section any
protected health information related to the
individual's DNA or DNA analysis, dental records, or typing, samples or analysis of body fluids or tissue.
(3) Permitted disclosure: Victims of a crime. Except for disclosures
required by law as permitted by
paragraph (f)(1) of this section, a
covered entity may disclose
protected health information in response to a
law enforcement official's request for such information about an
individual who is or is suspected to be a victim of a crime, other than
disclosures that are subject to paragraph (b) or (c) of this section, if:
(i) The
individual agrees to the
disclosure; or
(ii) The
covered entity is unable to obtain the
individual's agreement because of incapacity or other emergency circumstance, provided that:
(A) The
law enforcement official represents that such information is needed to determine whether a violation of law by a
person other than the victim has occurred, and such information is not intended to be
used against the victim;
(B) The
law enforcement official represents that immediate law enforcement activity that depends upon the
disclosure would be materially and adversely affected by waiting until the
individual is able to agree to the
disclosure; and
(C) The
disclosure is in the best interests of the
individual as determined by the
covered entity, in the exercise of professional judgment.
(4) Permitted disclosure: Decedents. A
covered entity may disclose
protected health information about an
individual who has died to a
law enforcement official for the purpose of alerting law enforcement of the death of the
individual if the
covered entity has a suspicion that such death may have resulted from criminal conduct.
(5) Permitted disclosure: Crime on premises. A
covered entity may disclose to a
law enforcement official protected health information that the
covered entity believes in good faith constitutes evidence of criminal conduct that occurred on the premises of the
covered entity.
(6) Permitted disclosure: Reporting crime in emergencies.
(i) A covered
health care provider providing emergency
health care in response to a medical emergency, other than such emergency on the premises of the covered
health care provider, may disclose
protected health information to a
law enforcement official if such
disclosure appears necessary to alert law enforcement to:
(A) The commission and nature of a crime;
(B) The location of such crime or of the victim(s) of such crime; and
(C) The identity, description, and location of the perpetrator of such crime.
(ii) If a covered
health care provider believes that the medical emergency described in
paragraph (f)(6)(i) of this section is the result of abuse, neglect, or domestic violence of the
individual in need of emergency
health care,
paragraph (f)(6)(i) of this section does not apply and any
disclosure to a
law enforcement official for law enforcement purposes is subject to
paragraph (c) of this section.
