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Or. Admin. R. 407-014-0020 - Uses and Disclosures of Client or Participant Protected Information

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The Department of Human Services, Administrative Services Division must obtain a completed and signed authorization for release of information from the individual, or the individual's personal representative, before obtaining or using protected information about an individual from a third party or disclosing protected information about the individual to a third party.

The Department may use and disclose information without written authorization in the following circumstances:

  • To individuals who have requested disclosure of their information, if the individual has the right to access the information;
  • If the law requires or permits the disclosure;
  • Treatment, payment and health care operations;
  • For governmental public health activities;
  • For child abuse reporting and investigation;
  • For adult abuse reporting and investigation;
  • For health oversight activities,
  • For administrative and court hearings, grievances, investigations and appeals and limited law enforcement purposes;
  • For research purposes;
  • To avert a serious threat to health or safety;
  • To a correctional institution or a law enforcement official for providing health care or ensuring the health or safety of the person or other inmates;
  • To the extent needed to provide emergency treatment.

If the Department informs the individual in advance and gives the individual an opportunity to agree, refuse or restrict use and disclosure, the Department, without authorization, use and disclose the individual’s information to a relative, close personal friend, or any person named by the individual if:

  • The information directly relates to the person's involvement with the individual's care or payment for care; or
  • The information is used to notify, identify, or locate someone responsible for care of the individual, regarding the individual's location, general condition, or death.

Current as of June 2015