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164.510
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USES/DISCLOSURES REQUIRING OPPORTUNITY TO
AGREE OR TO OBJECT: CE may use/disclose PHI provided the individual
is informed in advance and has the opportunity to agree to or to
prohibit or restrict the use or disclosure in accordance with the
requirements of ¶ 6.
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164.510(a)(1)
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| Facility Directories:
Except when an objection is expressed pursuant to ¶ 6.1.2. or
¶ 6.1.3., provider may: |
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6.1.1. |
Use the following PHI to maintain
a directory for its facility, and disclose the information to clergy,
and (except religious affiliation) to persons who ask for the individual
by name:
6.1.1.1. |
Individual's name; |
6.1.1.2. |
Individual's location within
the facility; |
6.1.1.3. |
Individual's condition, in general terms,
that does not communicate specific medical information, and
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6.1.1.4. |
Individual's
religious affiliation. |
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164.510(a)(2) |
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6.1.2. |
Opportunity to
object: Provider must inform an individual of the PHI it may
include in the directory and the persons to whom the PHI may
be released and provide the individual with the opportunity
to prohibit or restrict some or all of such uses/disclosures
as permitted in ¶ 6.1. |
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164.510(a)(3) |
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6.1.3. |
Emergency circumstances:
If, due to individual's incapacity or an emergency treatment
circumstance, the provider cannot, practicably provide the individual
an opportunity to object to the use/disclosure of directory
PHI, the provider may use or disclose some or all of the directory
PHI if disclosure is:
6.1.3.1. |
Consistent with individual's
prior expressed preference, if any, that is known to the
provider; and |
6.1.3.2. |
In the
best interest of the individual, as determined by the
provider, exercising professional judgment. |
6.1.3.3. |
Provider
must inform the individual and provide the individual
an opportunity to object to uses or disclosures when it
becomes practicable to do so. |
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164.510(b) |
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Uses/Disclosures
to Those Involved in Individual's Care, or for Notification Purposes: |
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| 164.510(b)(1) |
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Permitted uses/disclosures:
6.2.1.1. |
CE may, in accordance with
¶ 6.2.2. and ¶ 6.2.3., disclose to a family member,
other relative, close personal friend of the individual, or
any other person identified by individual, the PHI directly
relevant to such person's involvement with or payment related
to the individual's health care; |
6.2.1.2. |
CE may, in accordance
with ¶ 6.2.2., ¶ 6.2.3., and ¶ 6.2.4., use/disclose
PHI to notify or assist (including identifying and locating)
in the notification of a family member, personal representative,
or another person responsible for care of the individual, of
the individual's location, general condition, or death. |
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| 164.510(b)(2) |
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6.2.2. |
If individual is present
or available (prior to use/disclosure), and has capacity to make health
care decisions, CE may use/disclose PHI if it:
6.2.2.1. |
Obtains individual's
agreement; |
6.2.2.2. |
Provides individual with opportunity
to object and individual does not object; or
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6.2.2.3. |
CE, in exercise
of professional judgment, reasonably infers from the circumstances
that the individual does not object. |
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| 164.510(b)(3) |
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6.2.3. |
If individual is not
present, or opportunity to agree or object cannot practicably be provided
due to incapacity or emergency circumstance, CE may, in exercise of
professional judgment, determine whether disclosure is in the best
interests of individual, and, if so, disclose only PHI that is directly
relevant to person's involvement with individual's health care, including
picking up filled prescriptions, x-rays, medical supplies, or other
similar forms of PHI. |
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| 164.510(b)(4) |
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6.2.4. |
CE may use/disclose
PHI to public or private entity authorized by law or by its charter
to assist in disaster relief efforts, for purpose of coordinating
with such entities the uses or disclosures permitted by ¶ 6.2.1.2.
The requirements of ¶ 6.2.2. and ¶ 6.2.3. apply to such
uses/disclosures to extent that CE, in exercise of professional judgment,
determines that the requirements do not interfere with the ability
to respond to the emergency circumstances. |
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