The rule provides an exception to the prior consent requirement for “emergency treatment situations.” How will a provider know when the situation is an “emergency treatment situation” and, therefore, is exempt from the Privacy Rule’s prior consent requirement?
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Health care providers must exercise their professional judgment to determine whether obtaining a consent would interfere with the timely delivery of necessary health care. If, based on professional judgment, a provider reasonably believes at the time the patient presents for treatment that a delay involved in obtaining the patient’s consent to use or disclose information would compromise the patient’s care, the provider may use or disclose PHI that was obtained during the emergency treatment, without prior consent, to carry out TPO. The provider must attempt to obtain consent as soon as reasonably practicable after the provision of treatment. If the provider is able to obtain the patient’s consent to use or disclose information before providing care, without compromising the patient’s care, we require the provider to do so.
Also, learn more about how we may help you become compliant with HIPAA Security Standards with our HIPAA Security Assessment ToolKit™ and HIPAA compliance software tool.
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The complete HIPAA Privacy, Security and Breach regulations are here.
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