| Authorization: A document signed by the client or client's legal representative to give DMH permission to use PHI for specified purposes other than treatment, payment, or health care operations or to disclose PHI to a third party.
Covered Entity: A health plan, a health care clearinghouse, or a health care provider, who electronically transmit any health information in connection with transactions for which HHS has adopted standards.
Correctional Institution: Any penal or correctional facility, jail, reformatory, detention center, work farm, halfway house, or residential community program center operated by, or under contract to, the United States, a state, a territory, a political subdivision of a state or territory, or an Indian tribe, for the confinement or rehabilitation of persons charged with or convicted of a criminal offense or other persons held in lawful custody. Other persons held in lawful custody include juvenile offenders adjudicated delinquent, aliens detained awaiting deportation, persons committed to mental institutions through the criminal justice system, witnesses, or others awaiting charges or trial.
Disclosure: With respect to PHI, the release, transfer, provision of access to, or divulging in any other manner of PHI outside of DMH.
Health Care Operations: Any of the following activities of a covered entity that relate to its covered functions: - Conducting quality assessment and improvement activities;
- Reviewing the competence or qualifications of health care professionals;
- Underwriting (except as prohibited when involving genetic information), enrollment, premium rating, and other activities related to the creation, renewal, or replacement of a contract of health insurance of health benefits;
- Conducting or arranging for medical review, legal services, and auditing functions, including fraud and abuse detection and compliance programs;
- Business planning and development; and
- Business management and general administrative activities of the covered entity.
Health Oversight Agency: An agency or authority of the United States, a state, a territory, a political subdivision of a state or territory, or an Indian tribe, or a person or entity with legal authority to oversee the health care system or government programs in which health information is necessary and relevant.
Incapacity: A client's current mental state which client is not able to understand and make choices or decisions for self even after the necessary information, advice, and support have been given.
Inmate: A person incarcerated in or otherwise confined to a correctional institution.
Law Enforcement Official: An officer or employee of any agency or authority of the United States, a state, a territory, a political subdivision of a state or territory, an Indian tribe, who is empowered by law to (1) investigate or conduct an official inquiry into a potential violation of law; or (2) prosecute or otherwise conduct a criminal, civil, or administrative proceeding arising from an alleged violation of law.
Personal Representative: A person authorized (under State or other applicable law, e.g., tribal or military law) to act on behalf of the client in making health care related decisions. A personal representative includes: - A person with health care power of attorney or court appointed legal guardian or Lanterman-Petris-Short (LPS) conservator of an adult or emancipated minor.
- A parent or legal guardian of an unemancipated minor.
- An executor or administrator, next of kin, or other family member (if relevant law provides authority) of a deceased client or deceased client's estate.
Protected Health Information (PHI): Individually identifiable health information held or transmitted by DMH or its business associate(s), in any form or medium, whether electronic, paper, or oral. This information relates to the past, present, or future physical or mental health or 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; and that identifies the individual or with respect to which there is reasonable basis to believe the information can be used to identify the individual.
Treatment: The provision, coordination, or management of health care and related services by one or more health care providers, including the coordination or management of health care by a health care provider with a third party; consultation between health care providers relating to a client; or the referral of a client for health care from one health care provider to another.
Use: With respect to PHI, the sharing, employment, application, utilization, examination, or analysis of such information within DMH.
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