4.2.A.3 HIPAA/Privacy: Uses and Disclosures of PHI - Regarding Abuse, Neglect, or Violence Policy

  • POLICY:

    Lister Healthcare Corporation may, in accordance with the requirements of this policy and procedure and without the patient's written authorization, disclose protected health information about victims of abuse, neglect or domestic violence. (164.512c)

    PROCEDURE:

    • Permitted Disclosures.
      • Lister Healthcare Corporation may, under any one of the following circumstances, disclose protected health information about a patient whom it reasonably believes to be a victim of abuse, neglect or domestic violence to a government authority, including a social service or protective services agency, authorized by law to receive reports of such abuse, neglect or domestic violence:
        • to the extent the disclosure is required by law and the disclosure complies with and is limited to the relevant requirements of the law;
        • the patient agrees to the disclosure;
        • to the extent the disclosure is expressly authorized by statute or regulation and Lister Healthcare Corporation, in the exercise of professional judgement, believes the disclosure is necessary to prevent serious harm to the patient or other potential victims; or
        • to the extent the disclosure is expressly authorized by statute or regulation and, if the patient is unable to agree because of incapacity, a law enforcement official or other public official authorized to receive the report represents that the protected health information for which disclosure is sought is not intended to be used against the patient and that an immediate enforcement activity that depends upon the disclosure would be materially and adversely affected by waiting until the patient is able to agree to the disclosure. (164.512c1)
    • Informing the Patient.
      • Lister Healthcare Corporation will promptly inform the patient about the report or intended report, except if:
        • in the exercise of professional judgement, Lister Healthcare Corporation believes that informing the patient would place the patient at risk of serious harm; or
        • Lister Healthcare Corporation would be informing the patient's personal representative is responsible for the abuse, neglect, or other injury, or that informing the persons would not be in the best interests of the patient as determined by Lister Healthcare Corporation in the exercise of professional judgement. (164.512c2)

    Revised 12/2013

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