New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 37G - SHORT TERM CARE FACILITY STANDARDS
Subchapter 3 - CONFIDENTIALITY OF PATIENT RECORDS
Section 10:37G-3.5 - Disclosure of patient protected health information without authorization or court order
Universal Citation: NJ Admin Code 10:37G-3.5
Current through Register Vol. 56, No. 18, September 16, 2024
(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.
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