La. Admin. Code tit. 48 § I-507

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-507 - Disclosures with the Patient's Consent

A. Consent to disclosure of medical information must be in writing and must contain the following:

1. the name of the patient;

2. the name of the agency which is to make the disclosure;

3. the name or title of the person to whom disclosure is to be made;

4. the purpose or need for disclosure;

5. the extent or nature of the information to be disclosed;

6. the date on which the consent is given;

7. statement that consent is subject to written revocation at any time, except to the extent that action has already been taken on it;

8. specification of the date, event or condition upon which consent will expire without written revocation;

9. the signature of the patient or person authorized by these rules to sign in lieu of the patient;

10. the signature of at least one witness. Each consent form must bear original signatures. Copies of signed consent forms are not acceptable. (Sample consent forms are attached in appendix.)

a. Any consent given under these rules is revocable in writing at any time, except to the extent that action has been taken in reliance thereon. Consent shall continue to be effective until it is specifically revoked in writing, or until the time, date or condition specified has occurred.

B. Disclosures for the Purpose of Diagnosis, Treatment, or Education. Where consent is given in accordance with §507 A, disclosure of medical information may be made to medical personnel, to treatment programs, or to educational facilities where disclosure is needed to better enable them to furnish services or instruction to the patient to whom the information pertains.

C. Disclosure to Family Members

1. Where consent is given in accordance with §507 A, disclosure of medical information may be made to a member of the patient's family.

2. Disclosures to third party payers and funding sources including insurance companies.

3. Where consent is given in accordance with §507 A, disclosure of medical information may be made to third party payers and funding sources including insurance companies, but such disclosure must be limited to that information which is reasonably necessary for the discharge of the legal or contractual obligations of the third party payer or funding source. Ordinarily, disclosures under this rule will consist of the patient's name and address, diagnosis, treatment and the charges for the treatment provided.

E. Disclosures to Employers. Where consent is given in accordance with §507 A, disclosure of medical information may be made to a current or prospective employer of a patient. Ordinarily, disclosures under this rule will be limited to verification of medical treatment or a general evaluation of the patient's progress or prognosis.

F. Disclosures to a Patient's Attorney. Where consent is given in accordance with §507. A 20, disclosure of medical information may be made to a patient's attorney upon the attorney's written request.

G. Disclosures to Persons Not Covered by These Rules. In any situation not otherwise provided for in these rules, where consent is given in accordance with §507 A, disclosure of medical information may be made to any person if the superintendent determines that the disclosure was clearly intended by the patient.

La. Admin. Code tit. 48, § I-507

Promulgated by the Department of Health and Human Resources, Office of the Secretary, LR 13:246 (April 1987).

AUTHORITY NOTE: Promulgated in accordance with R.S. 44:7.