# 26 What You CAN Say: An Explanation of Privacy Laws

JoeHattab

49 min

Knowledge

Description

OCBHJI wanted to turn the usual approach to privacy law training (i.e., HIPAA and CFR 42, part 2) on its head - we didn’t find the typical training centered on jargon and what you can’t say very helpful and figured neither did you. The result is this privacy laws radio play presented via our podcast. The radio play focuses on scenarios to demonstrate what you can say, not just what you can’t say. The Center collaborated with GOBHI employees while drafting the script and during production. We are excited to provide a tool that helps make privacy laws understandable, accessible, and, hopefully, somewhat entertaining. Please note that these situations concern potentially sensitive topics in mental health crisis response. None of the characters in our narrative vignettes are based on real people or events—any similarity to actual people, living or dead, or actual events, is purely by chance. To view a full transcript of this episode, visit <a href="https://www.ocbhji.org/privacy-laws" target="_blank" rel= "noopener">https://www.ocbhji.org/privacy-laws</a> Contents: 3:54 Observable Behaviors 5:32 Information Outside the Clinical Setting 6:08 Law Enforcement is Not Constrained by HIPAA or Part 2 7:22 Minimum necessary information disclosure in a crisis situation 9:37 Disclosures with HIPAA vs CFR 12:41 Gunshot wounds, stabbings, and certain other physical injuries - 45 CFR 164.512 (f)(1)(i) 16:11 Identification and location purposes - 45 CFR 164.512 (f)(2) 18:43 Averting Harm - 45 CFR 164.512 (j)(1)(i) 24:14 Victim of a Crime - 45 CFR 164.512(f)(3) 26:36Crime occurs on the premises - 45 CFR 164.512 (f)(5) 29:03 Crime away from the premi

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# 26 What You CAN Say: An Explanation of Privacy Laws

JoeHattab

49:17