N.J. Admin. Code § 10:37G-3.5

Current through Register Vol. 56, No. 19, October 7, 2024

Section 10:37G-3.5 - Disclosure of patient protected health information without authorization or court order

(a) In the absence of the patient's authorization or a court order, STCF staff may disclose patient PHI for the following purposes and in accordance with the following conditions:

1. Treatment of the patient. STCF professional staff may disclose the minimum necessary patient PHI that is relevant to a patient's treatment and/or referral for treatment, pursuant to 30:4-27.5.c, to staff at a community mental health agency, as defined in 30:9A-2, another screening service or a short-term care or psychiatric facility or special psychiatric hospital, as defined at 30:4-27.2.

2. Payment related to the patient's care. STCF staff may disclose patient PHI to the extent necessary to conduct an investigation into the financial ability to pay of the patient or his or her chargeable relatives pursuant to the provisions of 30:1-12.

3. Individuals directly involved in the patient's care. STCF staff may make the following types of disclosure to the parties indicated in this paragraph, provided that they first comply with (a)4 or 5 below, as applicable:

i. STCF staff may disclose to a family member, other relative, a close personal friend of the patient, or any other person identified by the patient, patient PHI directly relevant to the person's involvement in the patient's care or payment related to the patient's care; and

ii. STCF staff may use or disclose patient PHI to notify or assist in the notification of (including identifying or locating) a family member, a personal representative of the patient, or another person responsible for the care of the patient, of the patient's location, general condition, or death.

4. Disclosures where the patient is present. If the patient is present for, or otherwise available prior to, a disclosure permitted by (a)3 above and has the capacity to make mental health care decisions, STCF staff may disclose the patient's PHI if they first:

i. Obtain the patient's verbal agreement;

ii. Provide the patient with the opportunity to object to the disclosure and the patient does not express an objection; or

iii. Reasonably infer from the circumstances, based on the exercise of professional judgment, that the patient does not object to the disclosure.

5. Limited disclosures when the patient is not present. If the patient is not present, or the opportunity to agree or object to the use or disclosure cannot practically be provided because of the patient's incapacity or an emergency circumstance, STCF staff may, in the exercise of professional judgment, determine a disclosure permitted by (a)3 above is in the best interest of the patient and, if so, disclose only the patient PHI that is directly relevant to the person's involvement with the patient's care. STCF staff may use professional judgment and their experience with common practice to make reasonable inferences of the patient's best interest in allowing a person to act on behalf of the patient to pick up filled prescriptions, medical supplies, x-rays, or other similar forms of PHI.

(b) All disclosures of patient PHI shall be documented in the patient's record, and shall describe the patient PHI disclosed, the individual to whom the patient PHI was disclosed, the date of disclosure, and the basis upon which the decision to disclose was made.

(c) All decisions to disclose patient PHI pursuant to this section shall be made individually, on a case-by-case basis.

(d) A disclosure of patient PHI under this section does not authorize, or provide a basis for, future or additional disclosures.

N.J. Admin. Code § 10:37G-3.5

Adopted by47 N.J.R. 1323(a), Effective 6/15/2015