Complete Overview of Regulations: 42 CFR Part 2
Disclosures Without Patient Consent: Certain Incompetent Patients

e.) Certain Incompetent Patients

If the program director determines that a patient (other than a minor or a person legally declared incompetent) suffers from a medical condition that prevents the patient from being able to take knowing or effective action on his/her own behalf, the program director may consent to disclosure of the patient’s information for the sole purpose of obtaining payment for services from a third party payer.151