Disclosure of Protected Health Information
Gulf Bend Center may not use or disclose protected health information (PHI), except as PERMITTED or REQUIRED by the Privacy Rule.
Required Disclosures of PHI:
- To the individual (consumer) who request their PHI (medical records) in writing.
- To the Department of Health and Human Services (DHHS) for investigation of HIPAA compliance (without authorization).
Permitted Disclosures of PHI without an Authorization:
Treatment - To provide, coordinate, or manage the care and treatment of consumers among providers:
- Consultation between health care providers
- Referrals / Transfers
- In emergency situations when information is NECESSARY for treatment
Example: Can send a copy of a medical record to a doctor/therapist who needs information to treat the consumer.
Payment - To obtain or provide payment for services provided:
- Provider may disclose information as part of a claim for payment
- Provider may give information to a laboratory service in order to bill for the service
Health Care Operations - Administrative, financial, legal and quality improvement activities necessary to run business and support core functions of treatment and payment:
- Quality assessment / Improvement activities
- Training / Licensing Activities
- Legal Services and Management Activities
- Business Management
Public Health Authorities
- To report vital statistics, e.g. death to the Department of Health
- To prevent or control disease, e.g. report TB, HIV/AIDS to Public Health Department
DDPRS (APS or CPS) - To report abuse or neglect of a child or adult:
- If you report abuse of an adult consumer to APS, the consumer needs to know that a report was made on their behalf
- When reporting child abuse, you cannot disclose any information about the parent if they are a consumer unless you have an authorization or a court order.
To medical or law enforcement personnel if it is determined that there is a probability of physical injury to the client or others or if there is a probability of immediate mental or emotional injury to the client
For judicial and administrative proceedings - upon receipt of subpoena or court order. Upon receipt of a subpoena/court order contact Privacy Officer or Medical Records IMMEDIATELY!!!
To a correctional facility (jail, prison) where consumer is detained for the purpose of providing treatment.
To Coroners and Medical Examiners on deceased individuals for the purpose of identifying the person or determining cause of death.
In emergency situations when information is NECESSARY for treatment.
For national security and intelligence activities - to FBI or CIA .
For protective services for the president/others - to Secret Service when threats have been made to the President.
Information on special needs offenders may be released to parole officer, juvenile probation, parole office to monitor needs of consumer.
Exception to Permitted Disclosures
We cannot disclose a consumer's substance abuse diagnosis, etc. without an authorization for treatment purposes or in the following instances:
- TCOOMMI / Department of Corrections
- APS for investigation of abuse/neglect of an adult
- External doctor/hospital for treatment purposes
Information on consumers with a Substance Abuse Diagnosis CANNOT BE DISCLOSED unless we have a SPECIFIC AUTHORIZATION or in the following instances:
- To medical personnel to meet a medical emergency
- For audits and evaluations
- To TDPRS to report child/adult abuse/neglect
- Upon receipt of a subpoena AND court order
Gulf Bend Center MUST HAVE AN AUTHORIZATION to release PHI unless the disclosure is for payment, treatment or health care operations, or if the disclosure is required or permitted by law.