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Title: Use/Disclosure - Care & Notification Policy: PRV-1-29.05
Category: HIPAA Compliance

Authority: 45 CFR §
HIPAA Section:
164.510(b)

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

Policy

Uses and disclosures of PHI for involvement in the individual’s care and notifications purposes

CHS may disclose to a family member, other relative, or a close personal friend or any other person identified by the individual the PHI that is relevant to such person’s involvement with the individual’s care or payment related to the individual’s care.

CHS may use or disclose PHI 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 available prior to, a use or disclosure for this use and has the capacity to make health care decisions, CHS may proceed with the use or disclosure of PHI under the following conditions:

  1. We obtain the individual’s agreement and permission
  2. We provide the individual the opportunity to object and there is no objection
  3. We can reasonably infer from the circumstances, based on professional judgment, that the individual does not object to the disclosure.

If the individual is not present for the opportunity to agree or object, or the opportunity cannot be provided because of incapacity or an emergency circumstance, CHS may, under professional judgment, determine whether the disclosure is in the best interest of the individual, and if so, disclose only the PHI that is directly relevant to the person’s involvement with the individual’s health care. 

CHS may use professional judgment and experience with common practice to make reasonable inferences of the individual’s best interest in allowing a person to act on behalf of the individual to pick up prescriptions, supplies, or other forms of PHI.

CHS may use or disclose PHI to a public or private entity authorized by law or its charter to assist in disaster relief efforts for the purpose of coordinating with such entities the uses or disclosures permitted in this specific policy, to the extent that adherence to the standards in this policy do not interfere with the ability to respond to the emergency circumstance.

Procedure
  1. If it becomes necessary to involve a person other than the patient in the care of the patient, it is acceptable to communicate the relevant PHI to the other person.  In these situations, CHS shall take the following steps:
    1. The patient shall be queried regarding whom the patient may wish to be involved in the care
    2. The patient shall agree to the inclusion of others in their care
    3. The patient can object to involvement of others in their care
  2. It is acceptable to involve others in the patients care, if, under the exercise of professional judgement it is determined that such involvement is in the best interest of the patient.
  3. It is acceptable, upon the exercise of professional judgement to allow a person acting on behalf of an individual to pick up prescriptions or supplies for the patient.  CHS may require the individual to provide identification or reasonable explanation of their relationship with the patient.
  4. The patients approval is sufficient to allow communication between CHS staff and the individual identified as being involved in the patients care.  Though not required in these circumstances, if possible, such approval may be documented in an authorization to release.

 

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