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CONSENT REQUIREMENT FOR RELEASE OF RECORDS
Except in emergency circumstances, patient consent must be obtained as required by Minnesota law prior to releasing health records to family members, friends or other persons involved in the individual's care.

COMMUNICATIONS THAT DO NOT INVOLVE RELEASE OF RECORDS
Where release of records is not required for the communication, certain PHI may be disclosed to a family member, other relative, close personal friend of the individual or other person identified by the individual to the extent that the information is relevant to that person's involvement in the individual's health care or payment related to the individual's health care.

If the individual is capable of making health care decisions and is present or otherwise available prior to a use or disclosure, the individual must be provided with an opportunity to agree to, or to prohibit or restrict the use or disclosure.

The individual must be informed of the intended use or disclosure and the persons to whom the information may be disclosed.

The health care component may use or disclose the PHI if the individual agrees to the use or disclosure or fails to express an objection to the use or disclosure when given the opportunity. The health care component may also disclose the information if it reasonably infers from the circumstances, based on its professional judgment, that the individual does not object to the disclosure.

If the individual is not present, the health care component may use or disclose information for these purposes that it determines, in its professional judgment, is in the best interest of the individual.

The health care component may use professional judgment and experience with common practice in allowing a person to act on behalf of the individual in picking up filled prescriptions, medical supplies, x-rays and in similar circumstances.

Information regarding an individual's location, general condition or death may be used or disclosed to assist in notifying family members, personal representatives or other persons responsible for the individual's care.

NOTIFICATION FOR DISASTER RELIEF
Information that is not part of the health record may be disclosed to a public or private entity authorized by law or its charter to assist in disaster relief efforts, for the purpose of coordinating notification of persons responsible for an individual's care. Information that is part of the health record must not be released for this purpose without patient consent as required by Minnesota law.