Section 7 AAC 27.893 - Permitted disclosures(a) The department may disclose identifiable health information that the department collects and maintains under AS 18.05 or AS 18.15 when the individual who is the subject of the information provides written consent to the disclosure as set out in 7 AAC 27.896 and under the circumstances set out in this section.(b) The department may disclose identifiable health information without written consent (1) directly to the individual;(2) to a federal public health agency, health oversight agency, or law enforcement authority as permitted or required by federal or state law;(3) to a peace officer to facilitate a criminal investigation in response to a search warrant or court order that is issued in accordance with (e) of this section;(4) to a school or licensed child care facility that has been designated as a limited public health authority to provide information concerning tuberculosis screening test results and immunizations to promote effective and cost-efficient disease prevention and control in schools and child care facilities within the state;(5) to a public health official or a health care practitioner for the purpose of examining, testing, or providing treatment or health counseling to the subject of the identifiable health information; and(6) to a health care provider to the extent necessary to protect the life or health of the individual who is the subject of the information.(7) to another state agency, a municipality, or a local government entity for the purpose of human immunodeficiency virus (HIV) prevention, care of persons with human immunodeficiency virus, or disease surveillance, and only as necessary to administer the program for which the information is collected or to administer a program within the other agency; identifiable health information disclosed to another state agency, a municipality, or a local government entity under this paragraph must remain confidential, and may not be rereleased by the other state agency, the municipality, or the local government entity;(8) to a third-party payor, if the identifiable health information consists only of information listed under this paragraph from the immunization information system maintained by the department, if the individual whose identifiable health information is being disclosed is a currently enrolled member of the third-party payor's health plan, and if the disclosed information is for health care operations that promote public health, including outcomes evaluation, outreach, surveillance, and intervention; under this paragraph, the department may disclose only the following immunization information system data: (A) the individual's name;(B) the individual's date of birth;(C) the medical record number; (D) the date of immunization service;(E) the vaccine administered; and(9) for the purpose of conducting the department's own public health surveillance, investigation, intervention, prevention, and treatment.(10) for research if(A) the department receives documentation that an institutional review board has approved an alteration or waiver of any legal requirements to obtain individual authorization from the subjects of the identifiable health information; and(B) the alteration or waiver fulfills any other applicable federal or state law requirements for alterations or waivers of this type.(c) A public health agent may disclose the identity of an individual who has violated an order of a state medical officer under AS 18.15.375 or an emergency administrative order issued under AS 18.15.385 to the operator or manager of a public conveyance or accommodation to prevent the spread of a contagious or possibly contagious disease. When disclosing information under the conditions of this subsection, a public health agent shall disclose only the minimum information reasonably necessary to accomplish the public health purpose.(d) The department may disclose identifiable health information concerning a deceased individual without written consent when necessary to (1) identify the deceased individual;(2) complete a death certificate, autopsy report, or a related document;(3) provide information to a state-appointed medical examiner to assist in a determination of a deceased individual's cause or manner of death;(4) provide information about a deceased individual who is a donor or prospective donor of an anatomical gift;(5) advise a mortician or other person involved in the preparation of human remains of the presence of a communicable disease that could constitute a threat to health; or(6) meet the department's obligations under AS 12.65.015, 12.65.020, and 12.65.120 in medical death investigations and child fatality review teams.(e) The department will not disclose identifiable health information in the course of legal discovery, subpoena, or compelled testimony of a public health agent, in any civil, criminal, administrative, or other legal proceeding, except (1) in a legal proceeding initiated by a public health agent for quarantine or isolation of the person who is the subject of the health information to be disclosed, whether the proceeding is open or closed to the public; or(2) when a court orders the disclosure after having been fully advised of (A) the statutes and regulations limiting disclosure;(B) the public policy supporting the protection of identifiable health information; and(C) the facts that support the closing of the proceeding or the sealing of the records containing identifiable health information.Eff. 12/29/2006, Register 180; am 5/3/2007, Register 182; am 12/29/2013, Register 208, January 2014; am 11/25/2022, Register 244, January 2023; am 9/3/2023, Register 247, October 2023Authority:AS 18.05.030
AS 18.05.040
AS 18.15.355
AS 18.15.360
AS 18.15.362