192.558 Use or
disclosure by health care provider or state health plan. A health care provider or state
health plan:
(1) May use or
disclose protected health information of an individual in a manner that is
consistent with an authorization provided by the individual or a personal
representative of the individual.
(2) May use or
disclose protected health information of an individual without obtaining an
authorization from the individual or a personal representative of the
individual:
(a) For the
provider’s or plan’s own treatment, payment or health care operations; or
(b) As otherwise
permitted or required by state or federal law or by order of the court.
(3) May disclose
protected health information of an individual without obtaining an
authorization from the individual or a personal representative of the
individual:
(a) To another
covered entity for health care operations activities of the entity that
receives the information if:
(A) Each entity
has or had a relationship with the individual who is the subject of the
protected health information; and
(B) The protected
health information pertains to the relationship and the disclosure is for the
purpose of:
(i) Health care
operations as listed in ORS 192.556 (4)(a) or (b); or
(ii) Health care
fraud and abuse detection or compliance;
(b) To another
covered entity or any other health care provider for treatment activities of a
health care provider;
(c) To another
covered entity or any other health care provider for the payment activities of
the entity that receives that information; or
(d) In accordance
with ORS 192.567 or 192.577. [Formerly 192.520; 2015 c.473 §5; 2017 c.484 §4]
Note: See note under 192.553.
192.559 [1991 c.825 §2; 1993 c.274 §2;
2001 c.962 §82; renumbered 192.591 in 2011]
192.560 [1977 c.517 §3; renumbered 192.593
in 2011]
Notes of Decisions
Cited in
8
cases (
4 in the last 5 years), 2016–2026 · leading case:
A. B. v. The Oregon Clinic, 321 Or. App. 60 (Or. Ct. App. 2022).
A. B. v. The Oregon Clinic, 321 Or. App. 60 (Or. Ct. App. 2022).
· cites it 5× “506 (c)(4); ORS 192.558, or to avert a serious threat to individual or public health or safety, 45 CFR § 164.”
State v. Miller, 395 P.3d 584 (Or. Ct. App. 2017).
· cites it 3× “553(1)(a) (“It is the policy of the State of Oregon that an individual has * * * [t]he right to have protected health information of the individual safeguarded from unlawful use or disclosure!.”
Oregon Health & Sci. Univ. v. Oregonian Publ'g Co., 373 P.3d 1233 (Multnomah Cty. Cir. Ct., O.R. 2016).
· cites it 2× “Under ORS 192.558(2)(b), “protected health information” is to be disclosed only as “otherwise permitted or required by state or federal law or by order of the court” and, OHSU submits, no legal requirement to disclose exists.”
Dept. of Human Servs. v. M. A. H. (Or. Ct. App. 2024).
· cites it 5× “505, and ORS 192.558, all of which indicate that otherwise protected information is disclosable pursuant to a court order.”
M.R. v. Salem Health Hospitals & Clinics (D. Or. 2024).
· cites it 2× “Protected Health Information Under Oregon Law Oregon law provides that “(1) It is the policy of the State of Oregon that an individual has:(a) The right to have protected health information of the individual safeguarded from unlawful use or disclosure.”
— Or. Rev. Stat. § 192.558(1) — 2 cases
— Or. Rev. Stat. § 192.558(2)(a) — 3 cases
Dept. of Human Servs. v. M. A. H. (Or. Ct. App. 2024).
“505, and ORS 192.558, all of which indicate that otherwise protected information is disclosable pursuant to a court order.”
— Or. Rev. Stat. § 192.558(2)(b) — 6 cases
A. B. v. The Oregon Clinic, 321 Or. App. 60 (Or. Ct. App. 2022).
“506 (c)(4); ORS 192.558, or to avert a serious threat to individual or public health or safety, 45 CFR § 164.”
State v. Miller, 395 P.3d 584 (Or. Ct. App. 2017).
“553(1)(a) (“It is the policy of the State of Oregon that an individual has * * * [t]he right to have protected health information of the individual safeguarded from unlawful use or disclosure!.”
Oregon Health & Sci. Univ. v. Oregonian Publ'g Co., 373 P.3d 1233 (Multnomah Cty. Cir. Ct., O.R. 2016).
“Under ORS 192.558(2)(b), “protected health information” is to be disclosed only as “otherwise permitted or required by state or federal law or by order of the court” and, OHSU submits, no legal requirement to disclose exists.”
Dept. of Human Servs. v. M. A. H. (Or. Ct. App. 2024).
“505, and ORS 192.558, all of which indicate that otherwise protected information is disclosable pursuant to a court order.”
— Or. Rev. Stat. § 192.558(3) — 1 case
A. B. v. The Oregon Clinic, 321 Or. App. 60 (Or. Ct. App. 2022).
“506 (c)(4); ORS 192.558, or to avert a serious threat to individual or public health or safety, 45 CFR § 164.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.