Required By Law

Date of Publication:

3/13/2019

Definition:

A mandate contained in law that compels an entity to make a use or disclosure of  protected health information and that is enforceable in a court of law. Includes, but is not limited to, court orders and court-ordered warrants; subpoenas or summons issued by a court, grand jury, a governmental or tribal inspector general, or an administrative body authorized to require the production of information; a civil or an authorized investigative demand; Medicare conditions of participation with respect to health care providers participating in the program; and statutes or regulations that require the production of information, including statutes or regulations that require such information if payment is sought under a government program providing public benefits. Also includes any mandate contained in a DOD issuance or other applicable publication that requires a DOD covered entity (or other person functioning under the authority of a DOD covered entity) to make a use or disclosure and is enforceable in a court of law. The attribute of being enforceable in a court of law means that in a court or court-martial proceeding, a person required by the mandate to comply would be held to have a legal duty to comply or, in the case of non-compliance, to have had a legal duty to have complied. Required by law also includes any DOD issuance or other applicable publication requiring the production of information necessary to establish eligibility for reimbursement or coverage under Civil Health and Medical Program of the Uniformed Services/TRICARE.