HIPAA Privacy - Uses and Disclosures with the Individual Present 164.510(b)(2)

Overview:
§164.510(b)
Standard: Uses and disclosures for involvement in the individual's care and notification purposes
(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 on the exercise of professional judgment, that the individual does not object to the disclosure.

Action Items:
1) Obtain and review policies and procedures for determining or inferring individual agreement or lack of objection to disclosure of PHI with the individual present.

Related Documents:
1) Policies and procedures for determining or inferring individual agreement or lack of objection to disclosure of PHI with the individual present.

Additional Guidance:
A covered entity is permitted, but not required, to use and disclose protected health information, without an individual’s authorization, for the following purposes or situations: (1) To the Individual (unless required for access or accounting of disclosures); (2) Treatment, Payment, and Health Care Operations; (3) Opportunity to Agree or Object; (4) Incident to an otherwise permitted use and disclosure; (5) Public Interest and Benefit Activities; and (6) Limited Data Set for the purposes of research, public health or health care operations. Covered entities may rely on professional ethics and best judgments in deciding which of these permissive uses and disclosures to make.