2006 Code of Virginia § 32.1-127.1:04 - Use or disclosure of certain protected health information required

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, Mental Health,Mental Retardation and Substance Abuse Services, Rehabilitative Services, andSocial Services, and the Departments for the Aging, the Blind and VisionImpaired, and the Deaf and Hard-of-Hearing, or any successors in interestthereof shall establish a secure system for sharing protected healthinformation that may be necessary for the coordination of prevention andcontrol of disease, injury, or disability and for the delivery of health carebenefits when such protected information concerns individuals who (i) havecontracted a reportable disease, including exposure to a toxic substance, asrequired by the Board of Health pursuant to 32.1-35 or other disease ordisability required to be reported by law; (ii) are the subjects of publichealth surveillance, public health investigations, or public healthinterventions or are applicants for or recipients of medical assistanceservices; (iii) have been or are the victims of child abuse or neglect ordomestic violence; or (iv) may present a serious threat to health or safetyof a person or the public or may be subject to a serious threat to theirhealth or safety. For the purposes of this section, "public healthinterventions" shall include the services provided through the Department ofRehabilitative Services, and the Departments for the Aging, the Blind andVision Impaired, and the Deaf and Hard-of-Hearing, or any successors ininterest 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, Mental Health, Mental Retardation and SubstanceAbuse Services, Rehabilitative Services, and Social Services and theDepartments for the Aging, the Blind and Vision Impaired, and the Deaf andHard-of-Hearing, or any successors in interest thereof in the implementationof this section.

(2002, c. 835; 2003, c. 464.)