Policy Manual


Permitted Uses and Disclosure of Protected Health Information To Avert Serious Threat to Health or Safety      

Type: Policy                 Category: General                 Level: Community Care 

Parties: Community Care employees and contractees

Printer Friendly Version: http://apps.comcareme.org/policymanual/default.aspx?code=1.ME.45&nonav=yes

Supporting References: HIPAA Privacy Rule Standard 164:512(j)

Parent Effective Date Approval Level Revision Dates Last Reviewed
N/A  4-13-2003  Board    4-13-2003
Related Document Code Related Document Name Type

Policy:  Community Care may, consistent with applicable law and standards of ethical conduct, use or disclose protected health information, if Community Care, in good faith, believes the use or disclosure: is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public and is to a person or persons reasonably able to prevent or lessen the threat, including the target of the threat; or is necessary for law enforcement authorities to identify or apprehend an individual because of a statement by an individual admitting participation in a violent crime that Community Care reasonably believes may have caused serious physical harm to the victim or where it appears from all the circumstances that the individual has escaped from a correctional institution or from lawful custody. PLEASE NOTE: Community Care may NOT use or disclose protected health information if the information is learned in the course of treatment to affect the propensity to commit the criminal conduct that is the basis for the disclosure, or counseling or therapy; or through a request by the individual to initiate or to be referred for the treatment, counseling, or therapy.