(1)
Permitted uses and disclosure. Except when an objection is expressed in
accordance with paragraphs (a)(2) or (3) of this section, a covered health care
provider may:
(i)
Use the following protected health information to maintain a directory of
individuals in its facility:
(A)
The individual’s name;
(B)
The individual’s location in the covered
health care provider’s facility;
(C)
The individual’s condition described in general terms that does not
communicate specific medical information about the individual; and
(D)
The individual’s religious affiliation; and
(ii)
Disclose for directory purposes such information:
(A)
To members of the clergy; or
(B)
Except for religious affiliation, to other persons who ask for the individual by
name.
(2)
Opportunity to object. A covered health care provider must inform an
individual of the protected health information that it may include in a
directory and the persons to whom it may disclose such information (including
disclosures to clergy of information regarding religious affiliation) and
provide the individual with the opportunity to restrict or prohibit some or all
of the uses or disclosures permitted by paragraph (a)(1) of this section.
(3)
Emergency circumstances. (i) If the opportunity to object to uses or
disclosures required by paragraph (a)(2) of this section cannot practicably be
provided because of the individual’s incapacity or an emergency
treatment
circumstance, a covered health care provider may use or disclose some or all of
the protected health information permitted by paragraph (a)(1) of this section
for the facility’s directory, if such disclosure is:
(A)
Consistent with a prior expressed preference of the individual, if any, that is
known to the covered health care
provider; and
(B)
In the individual’s best interest as determined by the covered
health care
provider, in the exercise of professional judgment.
(ii)
The covered health care provider must inform the individual and provide an
opportunity to object to uses or disclosures for directory purposes as required
by paragraph (a)(2) of this section when it becomes practicable to do so.
(1)
Permitted uses and disclosures. (i) A
covered entity may, in accordance
with paragraphs (b)(2) or (3) of this section, disclose to a family member,
other relative, or a close personal friend of the individual, or any other
person identified by the individual, the protected health information directly
relevant to such person’s involvement with the individual’s care or
payment
related to the individual’s health
care.
(ii)
A covered entity may use or disclose protected health information to notify, or
assist in the notification of (including identifying or locating), a family
member, a personal representative of the individual, or another person
responsible for the care of the individual of the
individual’s location,
general condition, or death. Any such use or disclosure of
protected health
information for such notification purposes must be in accordance with paragraphs
(b)(2), (3), or (4) of this section, as applicable.
(2)
Uses and disclosures with the individual present. If the
individual is
present for, or otherwise available prior to, a use or disclosure permitted by
paragraph (b)(1) of this section and has the capacity to make health care
decisions, the covered entity may use or disclose the protected health
information if it:
(i)
Obtains the individual’s agreement;
(ii)
Provides the individual with the opportunity to object to the disclosure, and
the individual does not express an objection; or
(iii)
Reasonably infers from the circumstances, based the exercise of professional
judgment, that the individual does not object to the disclosure.
(3)
Limited uses and disclosures when the individual is not present. If the
individual is not present for, or the opportunity to agree or object to the use
or disclosure cannot practicably be provided because of the
individual’s
incapacity or an emergency circumstance, the covered entity may, in the exercise
of professional judgment, determine whether the disclosure is in the best
interests of the individual and, if so, disclose only the
protected health
information that is directly relevant to the person’s involvement with the
individual’s health
care. A covered entity may use professional judgment and
its experience with common practice to make reasonable inferences of the
individual’s best interest in allowing a person to act on behalf of the
individual to pick up filled prescriptions, medical supplies, X-rays, or other
similar forms of protected health
information.
(4)
Use and disclosures for disaster relief purposes. A
covered entity may
use or disclose protected health information to a public or private entity
authorized by law or by its charter to assist in disaster relief efforts, for
the purpose of coordinating with such entities the uses or disclosures permitted
by paragraph (b)(1)(ii) of this section. The requirements in paragraphs (b)(2)
and (3) of this section apply to such uses and disclosure to the extent that the
covered entity, in the exercise of professional judgment, determines that the
requirements do not interfere with the ability to respond to the emergency
circumstances.
