Limited uses and disclosures when the individual is not present

§164.510(b)(3) Limited uses and disclosures when the individual is not present. If the individual is not present, or the opportunity to agree or object to the use or disclosure cannot practicably be provided because of the individual’s incapacity or an emergency circumstance, the covered entity may, in the exercise of professional judgment, determine whether the disclosure is in the best interests of the individual and, if so, disclose only the protected health information that is directly relevant to the person’s involvement with the individual’s care or payment related to the individual’s health care or needed for notification purposes. A covered entity may use professional judgment and its experience with common practice to make reasonable inferences of the individual’s best interest in allowing a person to act on behalf of the individual to pick up filled prescription, medical supplies, X-rays, or other similar forms of protected health information.

Audit Inquiry

Do policies and procedures exist for disclosing only information relevant to the person’s involvement in the individual’s health care when the individual is not present and in related situations?

Obtain and review the policies and procedures used for disclosing only information relevant to the person’s involvement with the individual’s health care.