32.1-127.1:04 - Use or disclosure of certain protected health information required - Virginia Statutes

§ 32.1-127.1:04. Use or disclosure of certain protected health informationrequired.

A. The coordination of prevention and control of disease, injury, ordisability and the delivery of health care benefits are hereby declared to be(i) necessary public health activities; (ii) necessary health oversightactivities for the integrity of the health care system; and (iii) necessaryto prevent serious harm and serious threats to the health and safety ofindividuals and the public.

B. The Departments of Health, Medical Assistance Services, Behavioral Healthand Developmental Services, Rehabilitative Services, and Social Services, andthe Departments for the Aging, the Blind and Vision Impaired, and the Deafand Hard-of-Hearing, or any successors in interest thereof shall establish asecure system for sharing protected health information that may be necessaryfor the coordination of prevention and control of disease, injury, ordisability and for the delivery of health care benefits when such protectedinformation concerns individuals who (i) have contracted a reportabledisease, including exposure to a toxic substance, as required by the Board ofHealth pursuant to § 32.1-35 or other disease or disability required to bereported by law; (ii) are the subjects of public health surveillance, publichealth investigations, or public health interventions or are applicants foror recipients of medical assistance services; (iii) have been or are thevictims of child abuse or neglect or domestic violence; or (iv) may present aserious threat to health or safety of a person or the public or may besubject to a serious threat to their health or safety. For the purposes ofthis section, "public health interventions" shall include the servicesprovided through the Department of Rehabilitative Services, and theDepartments for the Aging, the Blind and Vision Impaired, and the Deaf andHard-of-Hearing, or any successors in interest thereof.

Pursuant to the regulations concerning patient privacy promulgated by thefederal Department of Health and Human Services, covered entities maydisclose protected health information to the secure system without obtainingconsent or authorization for such disclosure. Such protected healthinformation shall be used exclusively for the purposes established in thissection.

C. The Office of the Attorney General shall advise the Departments of Health,Medical Assistance Services, Behavioral Health and Developmental Services,Rehabilitative Services, and Social Services and the Departments for theAging, the Blind and Vision Impaired, and the Deaf and Hard-of-Hearing, orany successors in interest thereof in the implementation of this section.

(2002, c. 835; 2003, c. 464; 2009, cc. 813, 840.)