Which condition might justify the disclosure of PHI without consent?

The condition that justifies the disclosure of Protected Health Information (PHI) without consent is when disclosure is needed for public health activities. Under the Health Insurance Portability and Accountability Act (HIPAA), healthcare providers and organizations are allowed to share PHI without patient consent in circumstances where it is necessary to prevent or control disease, injury, or disability. This includes reporting diseases, vital statistics, and providing information for public health surveillance.

Public health activities are vital for the protection of the community and involve coordination with public health authorities. Thus, sharing PHI in these contexts is considered essential for public interest and safety, allowing authorities to respond effectively to health threats or outbreaks. This legal framework is designed to balance individual privacy with the need to protect and promote public health.

Other conditions mentioned do not align with HIPAA's provisions for disclosure without consent. For instance, marketing material does not constitute a public health emergency, and the patient’s treatment status or potential embarrassment does not excuse the need for patient consent prior to the release of their PHI.