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Montana Code 50-602

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On the contrary, Montana Code 50-16-603 states that health information can be released under certain situations. Section 5 of the code clearly expresses that protected health information (PHI) can be released to a local health public agency or another state for the purpose of preventing or interrupting transmission of communicable diseases, or injuries caused by releasing of biological, chemical, or radiological agents capable of causing disabilities, death, or infections (Montana Legislative Services, 2015). One example of the described situation is a case when a patient is infected with Ebola virus. The information related to this severe fatal disease has to be disclosed in order for public health agencies to control the spreading of the …show more content…

The outbreak of the disease would results in exponentially deaths if information about the infection is not released. Healthcare institutions may disclose PHI, without patient’s authorization, to a public health authority, such as Center for Disease Control and Prevention (CDC), or other states where the infected patient travelled to. CDC and those states are legally authorized to collect information for the purpose of preventing or controlling the diseases according to US Department of Health and Human Services. If the healthcare institutions conceal the information, they violate HIPAA rule 45 CFR 164.512(b) of Disclosure for Public Health Activities (US Department of Health and Human Services, 2013). Healthcare institutions may be charged under criminal law, in which their acts are against public health and safety. In this case, criminal charges are established between healthcare organizations and the government. The punishment may involve a fine and/or imprisonment (McWay, 2014, pp. …show more content…

The providers can make information available to those individuals or inform them that the information does not exist and refer them to other providers who maintain their records, if known. In case the information is being used, the providers have to response with a reason for the delay of handling the request and have the information ready no later than 21 days. The provider can also deny the request following Montana Code 50-16-542 (Montana Legislative Services, 2015). In same meaning, under HIPAA rule 45 CFR 164.524(b)(2), providers have an obligation to provide access to PHI within 30 days upon receiving the individuals’ requests. However, providers are expected to response to the request immediately. The 30 day interval is used for information that is off-site and not readily available for access (US Department of Health and Human Services,

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