Reason for Disclosure	Disclosures Permitted by HIPAA	Required by Florida Law	Permitted by Florida Law	Prohibited by Florida Law
Gunshot wounds or other life-threatening injuries indicating violence	A health care provider may disclose PHI as required by law, including laws that require the reporting of certain types of wounds or physical injuries. (45 CFR 164.512(f)(1)(i))	Any physician, nurse, or employ-ee of a hospital, sanitarium, clinic, or nursing home treating or receiving a request for treat-ment must report immediately to local law enforcement any gun shot wound or life-threatening injury indicating an act of vio-lence. (F. S. 790.24)
Suspected child abuse	A health care provider may disclose PHI to a public authority or other appropriate government authority authorized by law to receive reports of child abuse or neglect. (45 CFR 164.512(b)(1)(ii))	Any person, including a health care provider, who knows or has reasonable cause to suspect child abuse, abandonment or neglect by a parent, legal custodian, caregiver, or other person responsible for the child's welfare, must report such knowledge or suspicion to the Department of Children and Families (DCF) Central Abuse Hotline. (F.S. 39.201(1))
Suspected vulnerable adult abuse	A health care provider may disclose PHI about an individual whom the health care provider reasonably be-lieves to be a victim of abuse or neglect to a government authority, including a social service or protect-tive services agency, authorized by law to receive reports of such abuse or neglect. (45CFR 164.512(c)(1)(i))	Any person who knows or has reasonable cause to suspect the abuse, neglect or exploitation of vulnerable adults must immediately report such knowledge to the DCF Central Abuse Hotline. (F. S. 415.1034(2))
Sexual Battery	A health care provider may disclose PHI to a law enforcement official that the health care provider believes in good faith constitutes evidence of criminal conduct on the premises. (45 CFR 164.512(f)(5))	Any person who observed the commission of a crime of sexual battery must immediately report such offense to a law enforcement official. (F. S. 794.027) Instructional personnel or administrative personnel having knowledge that a sexual battery has been committed by a student upon another student must report the offense to a law enforcement agency having jurisdiction over the school or over the place where the sexual battery occurred, if not on the grounds of the school. (F. S. 1012.799)
Deaths: Report to Law Enforcement	A health care provider may disclose PHI to a law enforcement official for the purpose of alerting law enforcement of the death of an individual if the health care provider has a suspicion that the death may have resulted from criminal conduct. (45 CFR 164.512(f)(4))	Any person who is required to report cases of suspected abuse, abandonment, or neglect who has reasonable cause to suspect that a child died as a result of child abuse, abandonment, or neglect must report his or her suspicion to the appropriate medical examiner. (F. S. 39.201(3))
Deaths: Report to Coroners or Medical Examiners	A health care provider may disclose PHI to a coroner or medical examiner for the purpose of identifying a deceased person, determining a cause of death, or other duties as authorized by law. (45 CFR 164.512(g)(1))	Any person in the district where a death occurs who becomes aware of the death of any person in the State occurring under the following circumstances, must report such death and circumstances to the district medical examiner. (F. S. 406.12): · As a result of criminal viol-ence, accident, suicide, criminal abortion, or poison; · Suddenly, when in apparent good health; · Unattended by a practicing physician or other recog-nized practitioner; · While in any prison or penal institution , or in police custody; · In any suspicious or unusual circumstance; · By a disease constituting a threat to public health; · By disease, injury or toxic agent resulting from employment.
Subpoenas	A health care provider may comply court orders or court-ordered warrants, subpoenas or summons, grand jury subpoenas, and administrative summons or civil investigative demands, when certain requirements are met. (45 CFR 164.512(f)(1)(ii))		Medical records may be furnished in any case or criminal action, unless otherwise prohibited by law, upon the issuance of a sub-poena from a court of competent jurisdiction, provided proper not-ice is given to the patient or the patient's legal representative by the party seeking such records. (F. S. 456.057(5)(a)(3))
Disabled Drivers	A health care provider may disclose PHI if the health care provider believes in good faith the disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public and the disclosure is to a person or persons reasonably able to prevent or lessen the threat, including the target of the threat. (45 CFR 164.512(j)(1)(i))		A physician, person or agency, having knowledge of any licensed drivers or applicant's mental or physical disability to drive or need to obtain or to wear a medical ID bracelet is authorized to report such knowledge to the Department of Highway Safety and Motor Vehicles. (F. S. 322.126(2))
DUI	A health care provider may disclose PHI if the health care provider believes in good faith the disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public and the disclosure is to a person or persons reasonably able to prevent or lessen the threat, including the target of the threat. (45 CFR 164.512(j)(1)(i))		If a health care provider, who is providing medical care in a health care facility to a person injured in a motor vehicle crash, becomes aware, as a result of any blood test performed in the course of medical treatment, that the persons' blood-alcohol level meets or exceeds 0.08 grams of alcohol per 100 ml. of blood, the health care provider may notify any law enforcement officer or law enforcement agency. (F. S. 316.1933 (2)(a))
Clinical Social Worker, Mental Health Counselor, or Psychotherapist Communications	A health care provider may disclose PHI if the health care provider believes in good faith the disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public and the disclosure is to a person or persons reasonably able to prevent or lessen the threat, including the target of the threat. (45 CFR 164.512(j)(1)(i))		The confidentiality between a clinical social worker, mental health counselor, or psychotherapist may be waived when there is a clear and immediate probability of physical harm to the patient or client, to other individuals, or to society and the clinical social worker, mental health counselor, or psychotherapist communicates the information only to the potential victim, appropriate family members, or law enforcement or other appropriate authorities. (Fla. Stat. 491.0147(3))
Psychiatrist Communications	A health care provider may disclose PHI if the health care provider believes in good faith the disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public and the disclosure is to a person or persons reasonably able to prevent or lessen the threat, including the target of the threat. (45 CFR 164.512(j)(1)(i))		A psychiatrist may disclose patient communications to the extent necessary to warn any potential victim or communicate a threat to a law enforcement agency where: 1. The patient is engaged in a treatment relationship with the psychiatrist; 2. The patient has made an actual threat to physically harm an identifiable victim or victims; and 3. The treating psychiatrist makes a clinical judgment that the patient has the apparent capability to commit such an act and that it is more likely than not that in the near future the patient will carry out the threat. (F. S. 456.059) 4.
To identify or locate a suspect, fugitive, material witness or missing person	A health care provider may disclose PHI to a law enforcement official's request to locate or identify a suspect, fugitive, material witness or missing person. (45 CFR 164.512(f)(2))			Not permitted under Florida law
Information about a victim or suspected victim of a crime	A health care provider may disclose PHI in response to a law enforcement official's request for information about a person suspected to be a victim of a crime if the individual agrees, or if certain requirements are met, if consent is not possible because of incapacity or emergency circumstance. (45 CFR 164.512(f)(3)			Except for gunshot wounds or other life-threatening injuries indicating violence. (F. S. 790.24)
Domestic Violence	A health care provider may report domestic violence to a government authority, including a social service or protective services agency, authorized by law to receive reports of such domestic violence. (45 CFR 164.512(c)(1))			Except for gunshot wounds or other life- threatening injuries indicating violence. (F. S. 790.24)