Authorization: A document signed by the client or client's legal or personal representative to give the Los Angeles County Department of Mental Health (DMH) permission to disclose PHI to a third party for specified purposes other than treatment, payment, or health care operations.
Disclosure: With respect to PHI, the release, transfer, provision of access to, or divulging in any other manner of PHI outside of DMH. Emancipated Minor: A person under the age of 18 that is considered an adult for purposes of consenting to medical care who meets any of the following: -
Declared emancipated by court order. Minors 14 years of age or older may petition a state court for emancipation. -
On active duty with the United States armed forces. -
Entered into a valid marriage with parental consent, whether or not still married. Legal Representative: The legal guardian or conservator of an adult client, or the parent or legal guardian of a minor client. Minor: A person under the age of 18 under the legal authority of a parent(s) or legal guardian. Personal Representative: The person with the legal authority to act on behalf of a deceased client’s estate (executor, administrator, special administrator, successor personal representative, public administrator, or a person who performs substantially the same function under the law of another jurisdiction governing the person's status).
Protected Health Information (PHI): Individually identifiable health information maintained or transmitted by DMH in any form or medium, relating to the past, present, or future physical or mental health condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual.
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| DMH shall treat the legal or personal representative of a client as the client in making decisions regarding the use and disclosure of PHI in accordance with the HIPAA Privacy Rule when the client is a: - Deceased client
- Dependent adult
- Incapacitated client
DMH shall not treat a person as a client's legal representative if there is a reasonable belief that: - The client has been or may be subjected to domestic violence, abuse, or neglect by the person claiming to be the legal representative;
- Treating the person as the legal representative could endanger the client;
- It is not in the best interest of the client to treat the person as the client's legal representative; or
- Doing so is inconsistent with any prior expressed preference of the client.
Unless doing so is inconsistent with any prior expressed preference of the client, DMH may disclose the deceased client’s PHI to a family member or other persons (i.e., a close personal friend or any other person identified by the client) when: - They were involved in the client’s care or payment for health care prior to the client’s death; and
- The request is relevant to the person's involvement.
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