Consent Management Guidelines

Protected Health Information Type

Confidentiality Requirements for Release of Information and Protections from Redisclosure

Exceptions/Non-consensual Release is Acceptable

Mental Health maintained by mental health FACILITIES subject to the PA Mental Health Procedures Act.

Written Consent legally required. 

 

The following statement must accompany the release of mental health information with or without consent:

 

‘‘This information has been disclosed to you from records whose confidentiality is protected by State statute. State regulations limit your right to make any further disclosure of this information without prior written consent of the person to whom it pertains.’’

 

  1. To those actively engaged in treating the individual;
  2. To provide for continuity of proper care and treatment;
  3. To third-party payers for claims payment purposes and utilization reviews;
  4. In response to an emergency medical situation;
  5. To facilitate the transfer of an admitted or committed patient to another facility.

 

Mental Health Information (other than maintained by Mental Health Facility)

Written Consent RECOMMENDED.

  1. To those actively engaged in treating the individual;
  2. To provide for continuity of proper care and treatment;
  3. To third-party payers for claims payment purposes and utilization reviews;
  4. In response to an emergency medical situation;
  5. To facilitate the transfer of an admitted or committed patient to another facility.

 

Drug and Alcohol

Records maintained by Part 2 Facilities

Written Consent Required with specific items included.

 

When information is disclosed electronically an accompanying notice explaining the prohibition on redisclosure must also be electronically sent. The statement must read:

 

“This information has been disclosed to you from records protected by federal confidentiality rules (42 CFR Part 2). The federal rules prohibit you from making any further disclosure of this information unless further disclosure is expressly permitted by the written consent of the person to whom it pertains or as otherwise permitted by 42 CFR Part 2. A general authorization for the release of medical or other information is NOT sufficient for this purpose. The federal rules restrict any use of the information to criminally investigate or prosecute any alcohol or drug abuse patient.”

There are only a few exceptions, such as medical emergencies, audits and evaluations and for state reporting.

HIV AIDS

Written Consent required.

 

Disclosure must be accompanied by a specific statutory notice, which states:

 

“This information has been disclosed to you from records protected by Pennsylvania law. Pennsylvania law prohibits you from making any further disclosure of this information unless further disclosure is expressly permitted by the written consent of the person to whom it pertains or is authorized by the Confidentiality of HIV-Related Information Act. A general authorization for the release of medical or other information is not sufficient for this purpose.”

 

  1. The Confidentiality of HIV-related Information Act allows that information may be shared without consent of the patient in the pursuit of good health care/treatment purposes.
  2. There is an exception for payment purposes.
  3. Additional exceptions include emergency; public health reporting; risk of significant exposure; reimbursement; to comply with vital statistics requirements.

 

HIPAA

Written Consent and Authorization required for release of protected health information, unless an exception applies. Authorization must be detailed and limited.

  1. A covered entity may, without the individual’s authorization use or disclose protected health information treatment of patient, its own payment, and its own health care operations activities, or health care operations of other covered entity provided that certain criteria are met.

Additional exceptions for disclosure include the following:

  1. If the provider attempts to get consent but is unable due to substantial communication barriers and consent is inferred in the circumstances;
  2.  Specified public health and abuse reporting, judicial, administrative, or law enforcement proceedings;
  3. To avoid serious threat to health or safety.