Disclosure of PHI to Professional Liability Insurer
On March 18, 2005, OCR issued guidance regarding disclosures of protected health information (PHI) by a healthcare provider to a professional liability insurer. OCR confirmed that the disclosure of PHI to a professional liability insurer or a similar entity for the purpose of obtaining or maintaining medical liability coverage or benefits (including the reporting of adverse events), falls with healthcare operations. OCR also explained that the professional liability insurer is not a business associate of the healthcare provider, because each entity is acting on its own behalf when the healthcare provider purchases the insurance benefits and submits claims to the insurer.
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