The FAA today published a Notice to “inform hospitals and other health care organizations of its status as a “public health authority” under the medical privacy requirements of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). In support of this determination, the FAA cites to its statutory duty to “perform medical research intended to protect the occupants of aircraft from risks and hazards that are attendant to flight” which is “conducted in the interests of public health and the improvement of aviation safety for the traveling public.” To further its research, the FAA believes that “public health authority status will allow it to efficiently obtain medical information necessary to fulfill its statutory mission.”
The FAA concludes that “[a]s a public health authority, FAA is entitled to receive protected health information from hospitals and other health care organizations, without written consent or authorization because disclosures of protected health information to a public authority are permitted disclosures under the Privacy Rule (45 CFR 164.502(a)(1)(vi)).” If you would like more information regarding this issue, you can contact Charles DeJohn, CAMI, Aeromedical Research Division, Federal Aviation Administration, CAMI Building, AAM-600, RM 112A, P.O. Box 25082, Oklahoma City, OK 73125, telephone (405) 954-5519.
