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DP163.11c (c) in the exercise of professional judgment, make a determination that the
disclosure is in the best interest of the participant before disclosing PHI.
Director of Information DP163.12 The organization will comply with all lawful and appropriate requests from
Technology, Privacy and regulatory and judicial authorities and disclose PHI necessary in response to:
Data Security with
Privacy Steering
Committee and/or Legal
as needed

DP163.12a (a) a subpoena, grand jury subpoena, discovery request, or other lawful process
that is not accompanied by an order of a court or administrative tribunal;
DP163.12b (b) a subpoena, discovery request, or other lawful process that is accompanied
by an order of a court or administrative tribunal.
Employees and others DP163.13 Disclosures will be made of only that PHI that is expressly authorized in an
with Access to PHI appropriate request, such as in response to a subpoena, discovery request, or
other lawful process that is not accompanied by an order of a court or
administrative tribunal.
Employees and others DP163.14 The organization may disclose PHI about a participant whom it reasonably
with Access to PHI believes to be a victim of abuse, neglect, or domestic violence to a
government authority, including a social service or protective services
agency, authorized by law to receive such reports.

Employees and Others DP163.15 The organization may disclose PHI about a participant whom the covered entity
with Access to PHI reasonably believes to be a victim of abuse, neglect, or domestic violence:
DP163.15a (a) if the participant agrees to the disclosure (communication between the
organization and participant, including agreement, may be oral);

DP163.15b (b) to the extent the disclosure is required by law and the disclosure complies
with and is limited to the relevant requirements of such law; or
DP163.15c (c) to the extent the disclosure is expressly authorized by statute or regulation
and:
DP163.15c.i • The organization, in the exercise of professional judgment, believes the
disclosure to be necessary to prevent serious harm to the participant or
other potential victims; or

DP163.15c.ii • if the participant is incapacitated and unable to agree to disclosing their
PHI, a law enforcement or public official authorized to receive the report
represents that the PHI, for which disclosure is sought, is not intended to
be used against the participant, and that immediate enforcement activity
is dependent upon the disclosure and would be adversely affected by
waiting until the participant is able to agree to the disclosure.

Employees and Others DP163.16 The organization will follow the organization Minnesota B‐005 ‐ PREVENTION OF
with Access to PHI PROGRAM PARTICIPANT ABUSE/NEGLECT to ensure proper treatment of all
program participants

Employees and others DP163.17 If the organization discloses PHI about a participant, in accordance with DP‐
with Access to PHI, with 163.10 through 163.15, the organization will promptly inform the individual, that
Managers and Director such a disclosure has been or will be made except when the organization in the
of Information exercise of professional judgment, believes informing the participant would place
Technology, Privacy him/her at risk of serious harm.
and Data Security
Employees and others DP163.18 The organization will report child abuse or neglect without restriction to the
with Access to PHI public health authority or other appropriate government authority authorized
by law to receive reports of child abuse or neglect.

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