01/17/2025

The purpose of this Special General Memorandum (SGM) is to announce the Indian Health Service (IHS) response to recent modifications of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule at 45 CFR § 164.512(f)(1). 

Prior to the modification, this provision of the Privacy Rule permitted covered entities to disclose protected health information (PHI) to law enforcement officials if the activity was required or authorized by law. As modified, the provision only permits disclosures to law enforcement officials if the activity is requiredby law, as defined at 45 CFR § 164.103. 

The modifications to the HIPAA Privacy Rule at 45 CFR § 164.512(f)(1) necessitate changes to the statements made in the Indian Health Manual (IHM), Part 2, Chapter 7, section 26 C (1) and (2). The IHM Part 2, Chapter 7, section 26 C (3) and (4) remain unchanged. This SGM supersedes any conflicting IHS policies. The revisions to 2-7.26 C (1) and (2) are required to ensure IHS procedures are in compliance with these recent modifications to the HIPAA Privacy Rule at 45 CFR § 164.512(f)(1). The IHS disclosures in response to a law enforcement request under 2-7.26 C (1) are significantly affected by this regulatory change and many disclosures that were previously permitted are now prohibited.

If the IHS staff receive a law enforcement request, including state or tribal court orders or subpoenas, until further notice such request must be directed to the appropriate regional attorney in the Office of the General Counsel for review and guidance.

Effective Date

This SGM becomes effective on the date signed.

/Roselyn Tso/
Roselyn Tso
Director
Indian Health Service