HIPAA and disaster relief
HIPAA Weekly Advisor, April 12, 2004
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Q: Are there any limits to our ability to disclose PHI for disaster relief purposes?
A: If the individual whose PHI is sought is present and competent, the covered entity may release the information if it:
* Obtains the individual's agreement.
* Provides the individual with the opportunity to object to the disclosure, and the individual does not express an objection.
* Reasonably infers from the circumstances, based on professional judgment, that the individual does not object to the disclosure.
When the individual is not present or otherwise competent, the covered entity may determine whether the disclosure is in the best interest of the individual. If so, the covered entity may only disclose PHI that is directly relevant to this particular incident.
A covered entity may forego both of the above requirements if-according to its professional judgment-those requirements would interfere with the ability to respond to the emergency circumstances.
Click here http://www.bricker.com/legalservices/practice/hcare/hipaa/164.510b.asp to see Section 164.510(b) Uses and Disclosures for Involvement in the Individual's Care and Notification Purposes for more information.
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