(B) If the individual is unable to agree because of incapacity, a
law enforcement or other
public official authorized to receive the report represents that the protected health information for which
disclosure is sought is not
intended to be used against the individual and that an immediate enforcement activity that depends upon the
disclosure would be materially and adversely affected by waiting until the individual is able to agree to the
disclosure.
Third, this paragraph allows covered entities to disclose protected health information about an individual without the individual's agreement if the
disclosure is expressly authorized by statute or regulation and either: (1) The covered entity, in the exercise of its professional judgment, believes that the
disclosure is necessary to prevent serious harm to the individual or to other potential victims; or (2) if the individual is unable to agree due to incapacity, a
law enforcement or other
public official authorized to received the report represents that the protected health information for which
disclosure is sought is not
intended to be used against the individual, and that an immediate enforcement activity that depends on the
disclosure would be materially and adversely affected by waiting until the individual is able to agree to the
disclosure.