When does mental illness or another mental condition constitute incapacity under the Privacy Rule? For example, what if a patient who is experiencing temporary psychosis or is intoxicated does not have the capacity to agree or object to a health care provider sharing information with a family member, but the provider believes the disclosure is in the patient’s best interests?

Section 164.510(b)(3) of the HIPAA Privacy Rule permits a health [...]

2020-09-10T20:17:22-04:00|
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