Revoking consent to disclose PHI - Answer -The pt can revoke consent to disclose
information on one or more parties in a MULTI- party consent form.
The detox program must note that consent to disclose is revoked on the consent
form or in the pt's record.
The pt can orally revoke consent but it is best get the revocation in writing
Does a name change for a organization mean another consent form is needed? -
Answer -Possibly it depends on if the consent was generic ( any detox facility,
realative) or specific
For THE DISCLOSING PARTY they must be list by a "specific name or general
designation" so if the consent was made with the specific name then a new consent
would be needed // if a general name is used a new consent is not needed.
For the receiving party the need for a new consent form is dependent on the specific
designation on the form. A name change for the receiving party may not need a new
consent.
Can a part 2 program disclose pt information to providers who are "on call" pursuant
to a Qualified service organization agreement. - Answer -Yes, information disclosed
must be limited to information which is necessary to carry out the purpose of
disclosure. Also if a re disclosure of information is needed to a "on-call provider" a
consent form will be needed . Since the identity of the "on-provider may not be
known the consent should be generic.
Does part 2 allow the disclosure of information without consent when there is an
immediate threat the health of the pt, or public - Answer -During a medical
emergency consent is not needed for disclosure
If there is a threat to pt or society part 2 lists steps the provider can take
, Telling law enforcement: The law can be told part 2 information if a threat to the
health or safety of a individual exists due to a crime on program premises OR
program personnel.
Part 2 program (detox facility) can report a crime or seek its law enforcement
assistance. Information such as the suspects name, address, last known
whereabouts, and status of the pt.
If a threat exists to the health and safety of an individual that is NOT A MEDICAL
EMERGENCY OR CRIME, the detox program can disclose information to law
enforcement AS LONG AS PT identifying info is not released.
Consent is not needed to report child abuse and neglect
Consent is not needed to disclose information if a court order is obtained
When can we re-disclose information - Answer -Once information is disclosed with or
without consent it cannot be re disclosed with pt consent unless a standing consent
has already been made (written one)
A disclosure made WITH pt consent must be accompanied by a statement telling the
recipient that a RE-DISCLOSURE is prohibited unless a consent is obtained.
Disclosures made WITHOUT consent under the following conditions are a re-
disclosure WITHOUT a consent permitted. A medical emergency, child-abuse
reporting, crimes on program premise or against program personnel or court ordered.
Recipients and re-disclosing information:
1 .Researchers are prohibited from Re-disclosing info to ANYONE except the detox
program.
Audits and Evaluations: Detox programs disclosures to persons and organizations
authorized to conduct audit and evaluations activities, but imposes limitations
requiring the person or organization conducting the audit or evaluation to agree in
writing that it will RE-DISCLOSE pt identifying info ONLY to the detox program, court
order to prosecute the detox program NOT THE PT, or government agency that is
overseeing a medicare or medicaid audit or evaluation.
Qualified service organization agreements: The QSO must agree in writing that in
dealing with any information from detox pts that it is fully bound by part 2.
How can a detox center know that it will be notified that a healthcare provider
invoked the medical emergency exception and gained access to part 2 info? -
Answer -When a disclosure is made in connection with a medical emergency the
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