If the individual is present, and has the capacity to make health care decisions, the Department may use or disclose PHI, if

·           the individual agrees

·           the individual is allowed to object and the individual does not express an objection, (see Policy 44-7-3.4, Uses and Disclosures of PHI for Which Opportunity to Agree or Object is Not Required), and

·           it is reasonably inferred from the circumstances, based on the exercise of professional judgment that the individual does not object.

If the individual does not have the opportunity to agree or object to the use or disclosure because of the individual’s incapacity, or an emergency circumstance, the Department may determine whether the disclosure is in the best interests of the individual. If so, the Department shall disclose only the PHI that is directly relevant to the recipient’s involvement with the individual’s health care.

The designated privacy staff shall review with an individual or guardian examples of how PHI may be used or disclosed without written authorization. 

In an emergency situation, the designated privacy staff shall

·           disclose PHI to a family member, other relative or close friend if the PHI is directly relevant to such person’s involvement with the individual’s care or payment related to the individual’s health care, and

·           disclose to a family member, other relative or close friend of an individual of that individual’s location, general condition or death.