Despite the fact that the Personal Health Information Protection Act («PHIPA») 1 is a «lengthy and detailed statute» that comprehensively addresses «the collection, use, disclosure, retention and disposal of personal health information», 2 the Court affirmed that plaintiffs are still entitled to raise the common law tort for breaches of privacy in
circumstances involving health information.
Not exact matches
In the UK, «bed - sharing is acknowledged as a common infant care practice and the specific
circumstances that put infants at risk are highlighted,» Blair, who wasn't
involved in the new research, told Reuters
Health in an email.
The program proactively addresses situations that don't benefit from a punitive approach and instead
involve owners who face barriers to providing care to their animals due to either a lack of financial resources, access to services or other
circumstances, such as domestic violence, medical or mental
health challenges.
The kinds of car accident injuries that a driver or passenger can suffer depends on the
circumstances around each crash, the level of negligence or recklessness of the responsible party, and the
health conditions of the people
involved.
A violation of that duty of care, could take place in a range of
circumstances from a failing to alert a person of the threats
involved in surgery, to a failing to appropriately identify a
health problem.
I specialise in Inquest law and work fiercely for families who have lost loved ones in police custody, state detention, whilst sectioned or voluntarily under the care of Mental
Health services, or in other
circumstances involving the state, to ensure they have the opportunity to have their voice heard.
When the individual is present and can make his or her own decisions, a covered entity may disclose protected
health information only if the covered entity: (1) Obtains the Start Printed Page 82664individual's agreement to disclose to the third parties
involved in the individual's care; (2) provides the individual with the opportunity to object to the disclosure, and the individual does not express an objection; or (3) reasonably infers from the
circumstances, based on the exercise of professional judgement, that the individual does not object to the disclosure.
For cases
involving patients admitted to a
health care facility in an incapacitated or emergency treatment
circumstance who during the course of their stay become capable of decisionmaking, the final rule takes an approach similar to that described in the NPRM.
When the individual is present and has the capacity to make his or her own decisions, a covered entity may disclose protected
health information only if the covered entity: (1) Obtains the individual's agreement to disclose to the third parties
involved in their care; (2) provides the individual with an opportunity to object to such disclosure and the individual does not express an objection; or (3) reasonably infers from the
circumstances, based on the exercise of professional judgment, that the individual does not object to the disclosure.
Under § 164.510 (b), when an individual is present and has the capacity to make his or her own decisions, a covered entity may disclose protected
health information only if the covered entity: (1) Obtains the individual's agreement to disclose protected
health information to the third parties
involved in the individual's care; (2) provides the individual with an opportunity to object to such disclosure, and the individual does not express an objection; or (3) reasonably infers from the
circumstances, based on the exercise of professional judgment, that the individual does not object to the disclosure.
Similarly, disclosure of such medical information by the group
health plan, under the limited
circumstances permitted by this privacy regulation, may
involve use of the information for insurance purposes as broadly described in the ADA discussion above.
Students may feel uncomfortable about disclosing their mitigating
circumstances, especially if they
involve mental
health issues.
To Others
Involved in Your Care: We may disclose
health information about you to your family members or friends if we obtain your verbal agreement to do so or if we give you an opportunity to object to such a disclosure and you do not raise an objection or if we can infer from the
circumstances, based on our professional judgment, that you would not object.
«This is one of the first studies to show that where you live — the
circumstances of your neighborhood, the social characteristics of the people around you — all these things may play a role in your own
health,» Dr. Harlan Krumholz, a cardiologist at the Yale School of Medicine, who was not
involved in the study, told the Los Angeles Times.