La. Admin. Code tit. 48 § I-605

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

Section I-605 - Permitted Uses and Disclosures for Public Health Emergency Preparedness Activities

A. Protected health information (PHI) of patients of home health agencies and hospice agencies may be used and disclosed for emergency preparedness training activities and for an actual event when:

1. the patient of the home health agency or hospice agency or the patients legal representative has signed a Health Insurance Portability and Accountability Act (HIPAA)-compliant authorization for use and disclosure of PHI; and

2. the home health agency or hospice agency certifies on a weekly basis that the patient meets at least one of the following criteria:

a. the patient lives alone, without a caregiver and is unable to evacuate himself;

b. the patient has a caregiver, but the caregiver is physically or mentally incapable of complying with an evacuation order;

c. the patient does not have the financial means to comply with an evacuation order; or

d. the patient refuses to evacuate.

B. A hospital may use and disclose PHI without the patients consent or knowledge for the purpose of its participation in public health emergency preparedness activities, including, but not limited to, training, assessment, and program development, if the providers use of the PHI meets the requirements of Paragraph 1 below, or if the providers disclosure of the PHI meets the requirements of Paragraphs 1 and 2 below.

1. The use or disclosure is necessary for the treatment of the individual or for public health activities authorized by law, including public health emergency preparedness activities.

2. The disclosure is made to a public health authority, its agent, or to another hospital or other health care provider involved in the public health emergency preparedness activities.

La. Admin. Code tit. 48, § I-605

Promulgated by the Department of Health, Office of Public Health, LR 46357 (3/1/2020).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:4, 40:5 and 29:766(E).