NRPM: Standards for Privacy of Individually Identifiable Health Information. b. Proposed requirements.

11/03/1999

In § 164.510(h), we would require covered entities to ask individuals whether they wish to be included in the entity’s directory. For individuals who are incapacitated or otherwise unable to communicate their wishes and who have not previously expressed a preference, the decision would be left to the discretion of the covered entity, consistent with good medical practice. We note that legal representatives could make such decisions on behalf of persons who are incapacitated or otherwise unable to communicate their wishes, consistent with State or other law, since they would stand as the "individual." In the absence of a legal representative or prior expression of a preference by the individual, the decision would be left to the discretion of the covered entity, consistent with good medical practice.