Legal & EthicalQuestion 171 of 200
Under HIPAA 45 CFR §164.512, a CNA may disclose PHI WITHOUT the resident's written authorization in which situation?
a.Posting a 'cute' patient story on social media without names
b.Telling a neighbor about a resident's diagnosis
c.Reporting suspected elder abuse to APS or the LTC ombudsman as required by California mandated reporter law
d.Sharing chart details with a journalist for a 'human-interest' story
Explanation
45 CFR §164.512 permits disclosure of PHI without individual authorization for specified public-interest purposes, including reports required by law (such as elder abuse reports under W&I §15630 and child abuse reports under PC §11166), public health activities, judicial proceedings, and law enforcement subject to limits. Social media posts (a) — even 'de-identified' — typically still constitute PHI disclosure and are HIPAA violations. Neighbor gossip (b) and journalist disclosures (d) are violations. Mandated reporting is both permitted under HIPAA and required under California law; the reporter's identity is also confidential.
Law Reference: HIPAA 45 CFR §164.512Practice all 200 questions free — no signup required.
Related questions on this topic
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