Uses and Disclosures with Neither Consent nor Authorization. I may use or disclose PHI without your consent or authorization in the following circumstances:
Uses and Disclosures with Neither Consent nor Authorization. We may use or disclose PHI without your consent or authorization in the following circumstances: Child Abuse – If we have reasonable cause to know or suspect that a child has been subjected to abuse or neglect, we must immediately report this to the appropriate authorities. Adult and Domestic Abuse – If we have reasonable cause to believe that an at-risk adult has been mistreated, self-neglected, or financially exploited and is at imminent risk of mistreatment, self-neglect, or financial exploitation, then we must report this belief to the appropriate authorities.
Uses and Disclosures with Neither Consent nor Authorization. I may use or disclose PHI without your consent or authorization in the following circumstances: • Child Abuse – If I have reasonable cause to believe that a child has been abused, I must report that belief to the appropriate authority. • Adult and Domestic Abuse – If I have reasonable cause to believe that a disabled adult or elder person has had a physical injury or injuries inflicted upon such disabled adult or elder person, other than by accidental means, or has been neglected or exploited, I must report that belief to the appropriate authority.
Uses and Disclosures with Neither Consent nor Authorization. I may use or disclose PHI without your consent or authorization in the following circumstances: • Child Abuse – I am required to report PHI to the appropriate authorities when I have reasonable grounds to believe that a minor is or has been the victim of neglect or physical and/or sexual abuse. • Adult and Domestic Abuse – If I have the responsibility for the care of an incapacitated or vulnerable adult, I am required to disclose PHI when I have a reasonable basis to believe that abuse or neglect of the adult has occurred or that exploitation of the adult's property has occurred.
Uses and Disclosures with Neither Consent nor Authorization. I may use or disclose PHI without your consent or authorization in the following circumstances: • Child Abuse – If I know or suspect that a child is abused, abandoned, or neglected by a parent, legal guardian, caregiver, or other person, the law requires that I report such knowledge or suspicion to a duly constituted authority. • Adult and Domestic Abuse – If I have reasonable cause to believe an adult, who is unable to take care of himself or herself, has been or is being subjected to physical abuse, neglect, exploitation, sexual abuse, or emotional abuse, I must report this belief to the appropriate authorities.
Uses and Disclosures with Neither Consent nor Authorization. I may use or disclose your PHI without your consent or authorization in the following circumstances. If any of these situations arise, whenever possible, I will make every efort to discuss it with you before taking action, and I will limit my disclosures to what is minimally necessary. Child Abuse: If I have reasonable cause to believe that a child has been abused, I may be required to report the abuse and turn over PHI. Regardless of whether I am required to disclose PHI, I have an ethical obligation to prevent harm to my patients and others. I will use my professional judgment to determine whether it is appropriate to disclose PHI. Abuse of Mentally Ill or Developmentally Disabled Adults: If I have reasonable cause to believe that a mentally ill or developmentally disabled adult has been abused, I may be required to report the abuse and turn over PHI. Regardless of whether I am required to disclose PHI, I also have an ethical obligation to prevent harm to my patients and others. I will use my professional judgment to determine whether it is appropriate to disclose PHI. Other Abuse: If I have reasonable cause to believe that other forms of abuse have occurred, I may have an ethical obligation to disclose PHI in order to prevent harm to my patients and others. I will use my professional judgment to determine whether it is appropriate to disclose PHI.
Uses and Disclosures with Neither Consent nor Authorization. I may use or disclose PHI without your consent or authorization in the following circumstances: ● Child Abuse - If I have reasonable cause to suspect child abuse or neglect, I must report this suspicion to the appropriate authorities as required by law. ● Adult and Domestic Abuse - If I have reasonable cause to suspect you have been criminally abused, I must report this suspicion to the appropriate authorities as required by law. ● Health Oversight Activities - If I receive a subpoena or other lawful request from the Michigan departments of Health or Consumer and Industry Services, I must disclose the relevant PHI pursuant to that subpoena or lawful request.
Uses and Disclosures with Neither Consent nor Authorization. I may use or disclose PHI without your consent or authorization in the following circumstances: ● Child Abuse – If I know or suspect that a child is abused, abandoned, or neglected by a parent, legal guardian, caregiver, or other person, the law requires that I report such knowledge or suspicion to a duly constituted authority.
Uses and Disclosures with Neither Consent nor Authorization. YOUR THERAPIST may use or disclose PHI without your consent or authorization in the following circumstances: • Child Abuse - If your therapist has REASONABLE CAUSE to believe that a child has been abused, your therapist must report that belief to the appropriate authority. • Adult and Domestic Abuse - If your therapist has REASONABLE CAUSE to believe that a disabled adult or elder person has had a physical injury or injuries inflicted upon such a disabled adult or elder person, other than by accidental means, or has been neglected or exploited, your therapist must report that belief to the appropriate authority. • Health Oversight Activities – If your therapist is the subject of an inquiry by the Indiana Board of Psychological Examiners, your therapist may be required to disclose protected health information regarding you in proceedings before the Board. • Judicial and Administrative Proceedings - If you are involved in a court proceeding and a request is made about the professional services provided to you or the records thereof, such information is privileged under state law, and your therapist will not release information without your written consent or a court order. The privilege does not apply when you are being evaluated for a third party or where the evaluation is court ordered. You will be informed in advance if this is the case. • Serious Threat to Health or Safety - If your therapist determines, or pursuant to the standards of therapy should determine, that you present a SERIOUS DANGER OF VIOLENCE TOYOURSELF OR ANOTHER, your therapist may disclose information in order to provide protection against such danger for you or the intended victim. • Worker's Compensation -Your therapist may disclose protected health information regarding you as authorized by and to the extent necessary to comply with laws relating to worker's compensation or other similar programs, established by law, that provide benefits for work-related injuries or illness without regard to fault.
Uses and Disclosures with Neither Consent nor Authorization. I may use or disclose PHI without your consent or authorization in the following circumstances: • Child Abuse: Whenever I, in my professional capacity, have knowledge of or observe a child I know or reasonably suspect, has been the victim of child abuse or neglect, I must immediately report such to child protective services. Also, if I have knowledge of or reasonably suspect that mental suffering has been inflicted upon a child or that his or her emotional well-being is endangered in any other way, I may report such to the above agencies. • Adult and Domestic Abuse: If I, in my professional capacity, have observed or have knowledge of an incident that reasonably appears to be physical abuse, abandonment, abduction, isolation, financial abuse or neglect of an elder or dependent adult, or if I am told by an elder or dependent adult that he or she has experienced these or if I reasonably suspect such, I must report the known or suspected abuse immediately to the adult protective services agency or the local law enforcement agency. I do not have to report such an incident if:
1) I have been told by an elder or dependent adult that he or she has experienced behavior constituting physical abuse, abandonment, abduction, isolation, financial abuse or neglect;
2) I am not aware of any independent evidence that corroborates the statement that the abuse has occurred;
3) the elder or dependent adult has been diagnosed with a mental illness or dementia, or is the subject of a court-ordered conservatorship because of a mental illness or dementia; and
4) in the exercise of clinical judgment, I reasonably believe that the abuse did not occur.
