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Please note!
This fact brief was originally published as an experiment to test the concepts behind fact briefs.
Readers should be aware that while there is still a lot of useful information in fact briefs like this one, not all of them reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date, don't hesitate to contact us at support@gigafact.org.

Do HIPAA privacy rules apply to all disclosures of health-related information?

By Esther Tsvayg
NO

The Health Insurance Portability and Accountability Act protects patients' health information, laying out rules that insurers, providers and certain related entities have to follow. It doesn't apply to other organizations, media or private individuals.

"Far too often, but especially in a crisis, HIPAA may be invoked to stonewall all attempts to get medical information," a South Carolina journalism professor wrote in May.

In an emergency such as the coronavirus outbreak, HIPAA rules allow sharing relevant information—such as test results—to public health authorities or individuals without a patient's authorization. Except in limited circumstances, reporting the test results of an identifiable patient to the media or public is not allowed without the patient's written permission. A patient may authorize any or all disclosures by organizations subject to the law.

This fact brief is responsive to conversations such as this one.
ABOUT THE CONTRIBUTOR
Between 2020 and 2022, under close editorial supervision, Gigafact contracted a group of freelance writers and editors to test the concepts for fact briefs and provide inputs to our software development process. We call this effort Gigafact Foundry. Over the course of these two years, Gigafact Foundry writers published over 1500 fact briefs in response to claims they found online. Their important work forms the basis of Gigafact formats and editorial guidelines, and is available to the public on Gigafact.org. Readers should be aware that while there is still a lot of relevant information to be found, not all fact briefs produced by Gigafact Foundry reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date and need to be looked at with fresh eyes, don't hesitate to contact us at support@gigafact.org.
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