In addition, the person must be an adult residing in Quebec and be able to
consent to treatment under the law.
Not exact matches
Under current laws, family members — even spouses and parents of adult children — can not gain access to medical information without the written consent of the person under treat
Under current laws, family members — even spouses and parents of adult children — can not gain access
to medical information without the written
consent of the person
under treat
under treatment.
It later struck a multiphase contract with the firm for upgrades
to pump stations and a sewer
treatment plant that county officials said are necessary
under the «Albany Pool»
consent order, part of a regionwide blueprint developed
to address the blight of sewer system discharges into the river and improve water quality.
In light of that conclusion, the ONCA held that the issue of whether the younger son's forced participation in the reunification program amounted
to treatment and required his
consent under the Health Care Consent Act did not need to be add
consent under the Health Care
Consent Act did not need to be add
Consent Act did not need
to be addressed.
Mrs Tomson explains that, in relation
to medical
treatment, Harry's authority
under the LPA is
to step into his mother's shoes
to either give or refuse
consent to medical
treatment that, as the power provides for it, extends
to life - sustaining
treatment.
The primary issue on appeal was whether the withdrawal of life - support amounted
to «
treatment»
under the Health Care
Consent Act, 1996, S.O. 1996, c. 2 * the «Act»).
Under the Ontario Child and Family Services Act, «A child is in need of protection where... the child requires medical
treatment to cure, prevent or alleviate physical harm or suffering and the child's parent or the person having charge of the child does not provide, or refuses or is unavailable or unable
to consent to, the
treatment.»
The primary issue on appeal was whether the withdrawal of life - support amounted
to «
treatment»
under the Health Care
Consent Act, 1996, S.O. 1996, c. 2.
(i) Obtaining a new
consent from the individual
under this section for the disclosure
to carry out
treatment, payment, or health care operations; or
(iii) Without
consent, if
consent is not required
under § 164.506 (a) and has not been sought
under § 164.506 (a)(4),
to carry out
treatment, payment, or health care operations, except with respect
to psychotherapy notes;
If the covered provider is unable
to obtain
consent, but documents the attempt and the reason
consent was not obtained, the covered provider may, without
consent, use and disclose the protected health information resulting from the
treatment as otherwise permitted
under the rule.
If a covered health care provider with an indirect
treatment relationship, a health plan, or a health care clearinghouse does not seek
consent, the covered entity may use or disclose protected health information
to carry out
treatment, payment, and health care operations as otherwise permitted
under the rule and consistent with its notice of privacy practices (see § 164.520 regarding notice requirements and § 164.502 (i) regarding requirements
to adhere
to the notice).
Response: As explained above,
under § 164.506 (a)(4), health plans and other covered entities may seek the individual's
consent for the covered entity's use and disclosure of protected health information
to carry out
treatment, payment, or health care operations.
Under § 164.506 (b)(4),
consents for uses and disclosures of protected health information
to carry out
treatment, payment, and health care operations may be combined in a single document covering all three types of activities and may be combined with other types of legal permission from the individual.
Covered entities that participate in an organized health care arrangement and that develop a joint notice
under § 164.520 (d) may develop a joint
consent in which the individual
consents to the uses and disclosures of protected health information by each of the covered entities in the arrangement
to carry out
treatment, payment, and / or health care operations.
For example, a
consent to use or disclose protected health information
under this rule may be combined with an informed
consent to receive
treatment, a
consent to assign payment of benefits
to a provider, or narrowly tailored
consents required
under state law for the use or disclosure of specific types of protected health information (e.g., state laws requiring specific
consent for any sharing of information related
to HIV / AIDS).
Under the final rule, we refer
to the process by which a covered entity seeks agreement from an individual regarding how it will use and disclose the individual's protected health information for
treatment, payment, and health care operations as «
consent.»
Under the final rule, they will have
to obtain
consent for
treatment and health care operations, as well, but this may entail only minor changes in the language of the
consent to incorporate these other categories and
to conform
to the rule.
Response:
Under § 164.506 (a)(3), we provide exceptions
to the
consent requirement for certain
treatment situations in which
consent is difficult
to obtain.
(1) If a covered entity has obtained a
consent under this section and receives any other authorization or written legal permission from the individual for a disclosure of protected health information
to carry out
treatment, payment, or health care operations, the covered entity may disclose such protected health information only in accordance with the more restrictive
consent, authorization, or other written legal permission from the individual.
(3)(i) A covered health care provider may, without prior
consent, use or disclose protected health information created or received
under paragraph (a)(3)(i)(A)- (C) of this section
to carry out
treatment, payment, or health care operations:
Therefore, we require researchers engaged in research projects that include the
treatment of individuals who obtained an IRB waiver of informed
consent under the Common Rule
to obtain an authorization or a waiver of such authorization from an IRB or a privacy board
under § 164.512 (i) of this rule.
For example, an authorization
under this rule may not be combined with a
consent for use or disclosure of protected health information
under § 164.506, with the notice of privacy practices
under § 164.520, with any other form of written legal permission for the use or disclosure of protected health information, with an informed
consent to participate in research, or with any other form of
consent or authorization for
treatment or payment.
First,
under § 164.508 (f)(described in more detail, below), an authorization for the use or disclosure of protected health information created for research that includes
treatment of the individual may be combined with a
consent for the use or disclosure of that protected health information
to carry out
treatment, payment, or health care operations
under § 164.506 and with other documents as provided in § 164.508 (f).
Under § 164.506 (a)(4), covered health care providers that have an indirect
treatment relationship with an individual, as well as health plans and health care clearinghouses, may elect
to seek
consent for their own uses and disclosures
to carry out
treatment, payment, and health care operations.
If a covered health care provider with an indirect
treatment relationship, a health plan, or a health care clearinghouse does ask an individual
to sign a
consent, and the individual does not do so, the covered entity is Start Printed Page 82511prohibited
under § 164.502 (a)(1) from using or disclosing protected health information for the purpose (s) included in the
consent.