Are there stricter rules for SPOA applications that require Health careproviders to have individuals sign authorizations prior to being allowed to present a case at SPOA meetings?
Although your own attorney should provide you with specific legal guidance in this case, the answer here is “probably no,” if the information is being shared for treatment purposes. In that case, New York State law is probably stricter than HIPAA in terms of determining whether or not patient consent/authorization is needed to make the disclosure, since HIPAA does not require patient consent to make disclosures for treatment purposes. However, if the disclosure is not permitted in the NYS Mental Hygiene Law without patient consent (e.g., if the provider receiving the information is not operated, licensed, or funded by OMH or has no other “nexus” with OMH), then consent would still be needed. HIPAA does not specifically address the information sharing rules of a structural entity like SPOA. Therefore, if a covered entity health care provider is sharing information in the context of a SPOA, the question to ask is what is the purpose for these disclosures, and is the authorization of the
Related Questions
- Are there stricter rules for SPOA applications that require Health careproviders to have individuals sign authorizations prior to being allowed to present a case at SPOA meetings?
- Is it permissible for a health plan to require blanket termination of disabled individuals after a specified period of time?
- WHAT DOES THE ACT SAY ABOUT LABELLING INDIVIDUALS WHO EXPRESS CONCERNS ABOUT WORKPLACE HEALTH AND SAFETY ISSUES?
