|
1.ME.59 |
Use and Disclosure of Protected Health Information Regarding an Individual's Care to Family, Relatives, and Friends
|
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.59&nonav=yes
Supporting References: HIPAA Privacy Rule Standard 164:510b
|
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 |
|
1.MEP.12 |
Uses and Disclosure of Protected Health Information Regarding an Indivdual's Care to Family, Relatives, Friends, and the Facility Directory |
Procedure |
Policy: Community Care may disclose to a family member, other relative, or a close personal friend of the individual, or any other person identified by the individual, the protected health information directly relevant to such person’s involvement with the individual’s care or payment. Community Care may use or disclose protected health information to notify, or assist in the notification of (including identifying or locating), a family member, a personal representative of the individual, or another person responsible for the care of the individual of the individual’s location, general condition, or death. If the individual is present for, or otherwise available prior to, a use or disclosure permitted above and has the capacity to make health care decisions, Community Care may use or disclose the protected health information if it obtains the individual’s agreement and provides the individual with the opportunity to object to the disclosure, and the individual does not express an objection or Community Care reasonably infers from the circumstances, based on the exercise of professional judgment, that the individual does not object to the disclosure. If the individual is not present, or the opportunity to agree or object to the use or disclosure cannot practicably be provided because of the individual’s incapacity or an emergency circumstance, Community Care may, in the exercise of professional judgment, determine whether the disclosure is in the best interests of the individual and, if so, disclose only the protected health information that is directly relevant to the person’s involvement with the individual’s health care. In addition, Community Care may use or disclose protected health information to a public or private entity authorized by law or by its charter to assist in disaster relief efforts, for the purpose of coordinating with such entities.