Uses and disclosures with the individual present

§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.

Audit Inquiry

Under what circumstances does the covered entity disclose PHI to persons involved in the individual’s care when the individual is present?

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