The Genetic Information Nondiscrimination Act of 2008 (GINA) permits healthcare providers to release a patient’s mental health records without explicit consent if the information is vital for a family member’s immediate medical care.
The Genetic Information Nondiscrimination Act of 2008 (GINA) protects individuals against discrimination based on their genetic information in health insurance and employment, but it does not provide a basis for releasing mental health records without explicit patient consent. Mental health records are protected under HIPAA, and except in specific circumstances defined by law, explicit consent from the patient is necessary for their release. This question is designed to be tricky by suggesting an incorrect application of GINA to test an understanding of the specific protections for mental health records.
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