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Debbie,
I believe the “restriction” only applies specifically to 164.512(j)(1)(ii)(A). The other provisions of 164.512(j)(1) are NOT effected.
I hope that this helps.
Your questions are always welcome.
Matt
Matthew Rosenblum Chief Operations Officer Privacy, Quality Management & Regulatory Affairs
CPI Directions, Inc. 10 West 15th Street, Suite 1922 New York, NY 10011
(212) 675-6367
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-----Original Message-----
I would appreciate any help on this issue. As I understand the rule, 164.512 (j)(2) we may not use or Disclose PHI under the following circumstances: (i) In the course of treatment to affect the propensity to commit the criminal conduct that is the basis for the disclosure under paragraph (j)(1)(ii)(A) of this section, or counseling or therapy; or (ii) Through a request by the individual to initiate or to be referred for the treatment, counseling, or therapy described in paragraph (j)(2)(i) of this section. As a healthcare facility and given the above ruling I can't think of an instance when we would be able to apply Use and Disclosure to Avert Serious Threat to Health and Safety. Debbie Kerns HIPAA Compliance Officer Steele Memorial Hospital
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- Use and Disclosure to Avert Serious Threat to Health and... Debbie Kerns
- Matthew Rosenblum
