Physicians Practice December 30, 2021
Rachel V. Rose, JD, MBA

A look at some recent Extreme Risk Protection Order cases.

For those looking to close the door on 2021, this article may resonate. Instead of publishing an uplifting article, I am going to address Extreme Risk Protection Orders (“ERPOs”) in relation to HIPAA, based on December’s announcement by HHS. Importantly, this is not a new concept as HHS published a Final Rule (81 Fed. Reg. 382 (Jan. 6, 2016)), addressing HIPAA and the National Instant Criminal Background Check System (NICS).

In bioethics, I teach one type of ERPO – the ability of a physician to report a legitimate threat of harm to law enforcement when an individual is deemed to be a threat to him/herself or to another individual. This...

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