The Vermont Statutes Online

Title 18 : Health

Chapter 042B : Health Care Privacy

• § 1881. Disclosure of protected health information prohibited

  (a) As used in this section:

  (1) “Business associate” has the same meaning as in 45 C.F.R. § 160.103.

  (2) “Covered entity” has the same meaning as in 45 C.F.R. § 160.103.

  (3) “Legally protected health care activity” has the same meaning as in 1 V.S.A. § 150.

  (4) “Protected health information” has the same meaning as in 45 C.F.R. § 160.103.

  (5) “Telehealth” has the same meaning as in 26 V.S.A. § 3052.

  (b) A covered entity or business associate shall not disclose protected health information unless the disclosure is permitted under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

  (c) In order to protect patients and providers who engage in legally protected health care activity, a covered entity or business associate shall not disclose protected health information related to a legally protected health care activity for use in a civil or criminal action; a proceeding preliminary to a civil or criminal action; or a probate, legislative, or administrative proceeding unless the disclosure meets one or more of the following conditions:

  (1) The disclosure is authorized by the patient or the patient’s conservator, guardian, or other authorized legal representative.

  (2) The disclosure is specifically required by federal law, Vermont law, or rules adopted by the Vermont Supreme Court.

  (3) The disclosure is ordered by a court of competent jurisdiction pursuant to federal law, Vermont law, or rules adopted by the Vermont Supreme Court. An order compelling disclosure under this subdivision shall include the court’s determination that good cause exists to require disclosure of the information related to legally protected health care activity.

  (4) The disclosure is to be made to a person designated by the covered entity or business associate and will be used solely in the defense of the covered entity or business associate against a claim that has been made, or there is a reasonable belief will be made, against the covered entity or business associate in a civil or criminal action; a proceeding preliminary to a civil or criminal action; or a probate, legislative, or administrative proceeding.

  (5) The disclosure is to Vermont’s Board of Medical Practice or Office of Professional Regulation, as applicable, in connection with a bona fide investigation in Vermont of a licensed, certified, or registered health care provider or a bona fide investigation of whether an individual who is not licensed, certified, or registered to practice a health care profession in Vermont engaged in unauthorized practice in this State, whether in person or through telehealth.

  (6) The disclosure is to the Vermont Department of Health or the Vermont Department of Disabilities, Aging, and Independent Living, or both, in connection with a bona fide investigation of a licensed health care facility in Vermont. (Added 2015, No. 169 (Adj. Sess.), § 1, eff. Oct. 1, 2016; amended 2023, No. 15, § 14, eff. May 10, 2023.)