What should a facility's policy be when contacted for patient information by an agency investigating a HIPAA privacy violation?

The correct response is that the facility should disclose information as required by state law. This aligns with the HIPAA Privacy Rule, which allows for the disclosure of protected health information (PHI) when mandated by state law. It's critical to understand that while HIPAA sets the baseline for privacy protections, state laws can sometimes impose additional requirements or protections for patient information. If the state law mandates the disclosure of certain information in the context of an investigation, the facility must comply with those legal obligations.

For instance, some states may have laws that require specific reporting or information sharing with authorities in the event of certain violations, which would obligate the facility to respond accordingly. Following state law ensures compliance with various legal frameworks that govern patient information beyond federal regulations.

While the other options involve conditions under which information might be disclosed, they do not establish the same clear legal obligation as state law does. Since state law can dictate mandated disclosures, it takes precedence in guiding the facility's policy in situations involving investigations into HIPAA violations.