Standards for Privacy of Individually Identifiable Health Information. Final Privacy Rule Preamble.. Section 164.510 - Uses and Disclosures Requiring an Opportunity for the Individual to Agree or to Object


Section 164.510 allows, but does not require, covered entities to use or disclose protected health information: (1) for health care institutions' directories; and (2) to family members, close friends, or other persons assisting in an individual's care, as well as government agencies and disaster relief organizations conducting disaster relief activities. This section of the rule addresses situations in which the interaction between the covered entity and the individual is relatively informal, and agreements may be made orally, without written authorizations for use or disclosure. In general, to disclose protected health information for these purposes, covered entities must inform individuals in advance and must provide a meaningful opportunity for the individual to prevent or restrict the disclosure. In certain circumstances, such as in an emergency , when this informal discussion cannot practicably occur, covered entities can make decisions about disclosure or use, in accordance with the requirements of this section based on their professional judgement of what is in the patient's best interest. While these provisions are subject to the PRA, we believe that the burden associated with this requirement is exempt from the PRA as stipulated under 5 CFR 1320.3(b)(2).