Disclosure and authorization
Compliance Monitor, March 25, 2005
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A: If the patient is present and has the capacity to make healthcare decisions, you may use or disclose the patient's PHI if you
- obtain the individual's agreement (either orally or in writing)
- provide the individual with the opportunity to object to the disclosure, and the individual does not express an objection
- reasonably infer from the circumstances, based on the exercise of professional judgment, that the individual does not object to the disclosure
Go to Section 164.510(b) Uses and Disclosures for Involvement in the Individual's Care and Notification Purposes for more information.
Editor's note: Attorneys from Bricker and Eckler, LLP answered this question. This is not legal advice. Consult your attorney for legal matters.
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