US · guidance
BOP Program Statement 6090.04 § 4
HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)
While the Bureau is not a HIPAA covered entity, most community-based healthcare providers
with which the bureau contracts are HIPAA covered entities. However, 45 C FR § 164.512, Uses
and disclosures for which an authorization or opportunity to agree or object is not required,
permits those contracted providers to disclose protected health information without the written
authorization of the inmate when the disclosure is for a specialized government function. Section
164.512(k)(5) specifically provides:
P6090.04 3/2/2015 10
A covered entity may disclose to a correctional institution or a law enforcement
official having lawful custody of an inmate or other individual protected health
information about such inmate or individual, if the correctional institution or
such law enforcement official represents that such protected health information
is necessary for
(A) The provision of health care to such individuals.
Therefore, an inmate does not need to sign a release of information form or otherwise give consent
in order for Bureau health services staff to obtain copies of his/her medical records.
History
PS 6090.04 dated 2015-03-02
Provenance
- Source
- bop.gov
- Retrieved
- 2026-09-20
- Edition
- bop-ps-2026-09-20
- Content hash
972d715464b6eb14770ba40b0c29739c199783eeb6c0f2cd436b0ed4f6d3dfc6
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