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164.512(c) |
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Uses/ Disclosures
Relating to Abuse and Neglect: |
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9.4.1. |
Permitted disclosures:
Except for reports of child abuse or neglect covered under ¶
9.2.1.2., CE may disclose PHI about an individual whom CE believes
to be a victim of abuse, neglect, or domestic violence to a governmental
authority authorized to receive such reports:
9.4.1.1. |
To extent the
disclosure is required by law, and is limited to relevant requirements
of that law; |
9.4.1.2. |
If the individual agrees; or
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9.4.1.3. |
To the extent the disclosure is expressly authorized by statute
or regulation, and the CE believes, in the exercise of professional
judgment that the disclosure is necessary to prevent serious
physical harm to the individual or others, or, if the individual
cannot agree due to incapacity, law enforcement or other public
official authorized to receive the report represents that disclosure
is not intended for use against the victim and that the law
enforcement activity would be materially and adversely affected
by waiting for the consent. |
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9.4.2. |
Informing
the individual: CE that makes a disclosure permitted under ¶
9.4.1 must promptly inform the individual that the report has been
or will be made unless:
9.4.2.1. |
CE, in the exercise of professional judgment, believes that
informing the individual would place the individual at risk
of serious harm; or |
9.4.2.2. |
CE would be
informing a personal representative whom the CE reasonably believes
is responsible for the abuse, neglect, or other injury, and
CE reasonably believes, in exercise of professional judgment,
that informing such person would not be in the individual's
best interests. |
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164.512(e) |
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Uses/Disclosures
for Judicial and Administrative Proceedings: |
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9.5.1. |
CE may
disclose PHI in the course of any judicial or administrative proceeding:
9.5.1.1. |
In response to an order of a court or administrative tribunal,
but only the PHI expressly authorized for release by such order;
or |
9.5.1.2. |
In response
to a subpoena, discovery request or other lawful process not
accompanied by a court or administrative order if:
9.5.1.2.1. |
CE receives satisfactory assurance,
as described in ¶ 9.5.1.3, from the party seeking
the PHI that reasonable efforts have been made to give
the individual notice of the request; or
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9.5.1.2.2. |
CE receives
satisfactory assurance, as described in ¶ 9.5.1.4.,
from the party seeking the PHI that reasonable efforts
have been made to secure a qualified protective order
compliant with ¶ 9.5.1.5. |
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9.5.1.3. |
Satisfactory assurance that individual has been given notice
may be met by provision of a written statement and accompanying
documentation demonstrating that:
9.5.1.3.1. |
Party requesting the PHI has made a good faith attempt
to provide written notice to the individual; |
9.5.1.3.2. |
Notice includes sufficient information
about the litigation or proceeding to permit the individual
to raise an objection in the tribunal; and
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9.5.1.3.3. |
The time
to raise objections has lapsed and either no objection
was filed or objections have been resolved in a manner
consistent with disclosure. |
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9.5.1.4. |
Satisfactory assurance that reasonable efforts have been made
to secure a qualified protective order may be met by provision
of a written statement and accompanying documentation demonstrating
that the parties to the dispute have agreed to a qualified protective
order and presented it to the tribunal, or the party seeking
the PHI has requested a qualified protective order from the
tribunal. |
9.5.1.5. |
A qualified protective order means
an order that prohibits the use or disclosure of PHI for any
purpose beyond the litigation at hand, and requires that the
PHI, and all copies, be returned to the CE or destroyed when
the litigation is over.
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9.5.1.6. |
Notwithstanding ¶ 9.5.1.2., a CE may disclose PHI without
the described assurances if the CE makes reasonable efforts
to contact the individual as described in ¶ 9.5.1.3.or
if it makes reasonable efforts to obtain a qualified protective
order as described in ¶ 9.5.1.4. |
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9.5.2. |
Nothing in this section is meant
to supersede or limit disclosures allowed by other sections. |
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