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.Reporting suspected elder abuse to APS or the LTC ombudsman as required by California mandated reporter law
b.Posting a story about a resident on social media with all of the names and room numbers left out of the caption
c.Sharing chart details with a journalist for a human-interest story
d.Telling a neighbor about a resident's diagnosis after work

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 (b) — even 'de-identified' — typically still constitute PHI disclosure and are HIPAA violations. Neighbor gossip (d) and journalist disclosures (c) 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 §164.512

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