4.2.A.1 HIPAA/Privacy: Uses and Disclosures of PHI - Disclosures to Parents/Authorized Representative Policy

  • POLICY:

    Lister Healthcare Corporation will, except as otherwise provided in this policy and procedure, recognize the parent or other authorized personal representative of a patient as the patient with respect to the patient's protected health information. (164.502g) 

    PROCEDURE:

    1. Minors. If a parent, guardian or other person is authorized under applicable law to make healthcare decisions on behalf of a minor patient, Lister Healthcare Corporation will treat the parent or other person as the minor's personal representative and provide them with access to the patient's protected health information, consistent with the person's personal representation of the patient, unless an exception as described in sections 2 and 3 of this procedure applies. (164.502g1 and 3)
    2. State Law Exceptions Applicable to Minors.  State or other law, including case law, may require, permit or prohibit the disclosure to a parent or other person of a minor patient's protected health information.  In addition, state or other law, including case law, may give Lister Healthcare Corporation discretion to require, permit or prohibit the disclosure.  These law will govern when the law explicitly requires, permits or prohibits disclosure of protected health information to a parent, guardian or other authorized representative of a minor patient.  Therefore, and notwithstanding any other exceptions identified in this procedure:
      • Lister Healthcare Corporation may disclose, or provide access to, protected health information about an unemancipated minor to a parent, guardian or other authorized person if, and to the extent, permitted by an applicable provision of state or other law, including applicable case law.
      • Lister Healthcare Corporation will disclose, or provide access to, protected health information about an unemancipated minor to a parent, guardian or other authorized person if, and to the extent, required by an applicable provision of state or other law, including applicable case law.
      • Lister Healthcare Corporation will not disclose, or provide access to, protected health information about an unemancipated minor to a parent, guardian or other authorized person if, and to the extent, prohibited by an applicable provision of state or other law, including applicable case law. (164.502g3ii)
    3. Other Exceptions Applicable to Minors.  In the absence of applicable state or other law, Lister Healthcare Corporation will recognize three exceptions or situations in which the parent, guardian or other authorized person will not be treated as the personal representative of a minor patient:
      • No Other Consent Required by Law.  The parent, guardian or other person will not be treated as the minor's personal representative if: (1) the minor consents to the service, (2) no other consent is required by law, regardless of whether the consent of another person has also been obtained, and (3) the minor has not requested that the person be treated as the personal representative.
      • Parental Consent Not Required.  The parent, guardian or other person will not be treated as the minor's personal representative if the minor may lawfully obtain the health care service without the consent of a parent, guardian or other authorized person, and the minor, a court of law, or another person authorized by law consents to the service.
      • Under an Agreement of Confidentiality.  The parent, guardian or other person will not be treated as the minor's personal representative if the parent, guardian or other authorized person assents to an agreement of confidentiality between Lister Healthcare Corporation and the minor with respect to the service.
        • When one of the above exceptions applies, the minor will have the authority to act with respect to his or her protected health information. (164.502g1 and 3i)
    4. Adult Patients and Emancipated Minors.  If a person is authorized under applicable law to make decisions relating to health care on behalf of an adult patient or emancipated minor, Lister Healthcare Corporation will treat the person as the patient's personal representative and provide the person with access to the patient's protected health information, consistent with the person's personal representation of the patient. (164.502g1-2)
    5. When State or Other Law Governing Access is Silent or Unclear.  In cases where a parent, guardian or other person is not the personal representative of a minor patient because an exceptions applies and where there is not applicable access provision under state or other law, Lister Healthcare Corporation may provide or deny a parent, guardian or other person access to the protected health information of the minor if the provision or denial is consistent with state or other applicable law.  The decision to provide or deny access will be made by the Privacy Officer or such other licensed health care professional as may be designated by Lister Healthcare Corporation, in the exercise of his or her professional judgement.  (164.502g3iiC)
    6. Domestic Violence, Abuse, Neglect or Endangerment of Life. Notwithstanding any provision under state law or any other section of this procedure, Lister Healthcare Corporation may elect not to treat a person as a patient's personal representative if Lister Healthcare Corporation has a reasonable belief that:
      • the patient has been or may be subjected to domestic violence, abuse or neglect by the patient's personal representative; or
      • treating the person as the personal representative could endanger the patient;
        • and Lister Healthcare Corporation, in the exercise of professional judgement, decides that it is not in the best interest of the patient to treat the person as the patient's personal representative.  (164.502g5)
    7. Deceased Patients.  (Lister Healthcare Corporation should further evaluate this state's probate law and make revisions to reflect the requirements applicable to deceased persons). If under applicable law, an executor, administrator, or other person has authority to act on behalf of a deceased patient or the patient's estate, Lister Healthcare Corporation will treat the person as the patient's personal representative with respect to protected health information relevant to the person's personal representation.  (164.502g4)

    Revised 1/2016

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