Are there any limits on our ability to disclose information for disaster relief purposes?
HIPAA Weekly Advisor, July 26, 2004
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Q: Are there any limits on our ability to disclose information for disaster relief purposes?
A: If the individual whose information is wanted is present and competent, the covered entity may release the information if the entity does the following:
- Obtains the individual's agreement
- Provides the individual the opportunity to object to the disclosure and the individual does not express an objection
- Uses professional judgment to infer from the circumstances that the individual does not object to the disclosure
When the individual is not present or otherwise competent, the covered entity may use professional judgment to determine whether the disclosure is in the best interests of the individual and, if so, disclose only the protected health information directly relevant to the circumstances. A covered entity may forgo both of the above requirements if it's determined that the requirements interfere with the ability to respond to the emergency circumstances.
For more information see Section 164.510(b) Uses and Disclosures for Involvement in the Individual's Care and Notification Purposes on Bricker and Eckler's Web site.
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