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Title: Use/Disclosure to Avert Threats Policy: PRV-1-29.02
Category: HIPAA Compliance

Authority: 45 CFR §
HIPAA Section:
164.512(j)

Standard: Use/Disclosure Responsibility: Health Care Components
Effective Date: 04/14/2003 Page 1 of 1
Approved by: OSU Legal Counsel Revised:

Policy

CHS may use or disclose PHI if it is felt in good faith that the use or disclosure is necessary to lessen an imminent threat to the health and safety of a person or the public.  Such a disclosure can only be made to an individual or entity that is reasonably able to prevent or lessen the threat, including the target of the threat. 

CHS may also disclose PHI if it is believed that it is necessary for law enforcement authorities to identify or apprehend an individual because of statements by the individual admitting participation in a violent crime that is believed to have caused serious harm to the victim; or if it appears that the individual has escaped from a correctional facility or lawful custody.

It is not permitted to disclose such information if it was learned in the course of treatment to affect the propensity to commit the criminal conduct or counseling or therapy; or through a request by the individual to initiate or to be referred for the treatment, counseling or therapy for the conduct.

Any disclosure under this section is limited to only the statement by the individual of participation in a violent crime and the PHI listed under notices to law enforcement officials.

 

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