Disclosure of Protected Health Information Prohibited (Health Care Privacy)

VT Health Care Privacy

Health

Makes HIPAA's disclosure limits a matter of Vermont law by barring covered entities and business associates from disclosing protected health information unless HIPAA permits it. Amendments in 2023 and 2025 add shield-law protections: PHI about legally protected health care activity, such as reproductive and gender-affirming care, may not be disclosed to out-of-state governments for investigations or used in legal proceedings, except with patient authorization or in listed cases.

Where: Vermont
Citation: 18 V.S.A. § 1881 (18 V.S.A. ch. 42B)
Status: In force
In force since: 2016-10-01
Last amended: 2025-05-13
Enforced by: Not specified in § 1881
People can sue: No
Penalties: Section 1881 contains no penalty or enforcement provision of its own; it shields covered entities from liability for refusing disclosures it bars (§ 1881(d)).
Applies to: HIPAA covered entities and business associates

Practices it requires

Do not disclose protected health information unless HIPAA permits the disclosure.18 V.S.A. § 1881(b)
Do not disclose identifiable PHI about legally protected health care activity to non-Vermont government entities likely to use it to investigate or punish the care, or for use in civil, criminal or administrative proceedings.18 V.S.A. § 1881(c)(1)

Other duties

Such PHI may be disclosed with patient authorization, under a court order with required findings, for the covered entity's own defense, or to Vermont licensing, health and Medicaid authorities as listed.18 V.S.A. § 1881(c)(2)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Other Vermont health confidentiality statutes (for example 18 V.S.A. § 7103 on mental health records, the patient privilege at 12 V.S.A. § 1612, and the health information exchange consent rules) were not reviewed.

Research reference, not legal advice.