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Professional Judgment, Privacy Concerns, and Escalation Procedure

To provide guidance when staff encounter circumstances requiring professional judgment regarding disclosure of Protected Health Information or patient safety concerns.

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Purpose


To provide guidance when staff encounter circumstances requiring professional judgment regarding disclosure of Protected Health Information or patient safety concerns.


Policy


LifeCare empowers licensed professionals and staff to exercise professional judgment when determining whether disclosure of PHI is appropriate.


When concerns exist regarding patient safety, abuse, neglect, exploitation, or improper access to information, staff shall prioritize patient protection and seek guidance.


Professional Judgment Standard


Staff may encounter situations not specifically addressed by policy.


In these situations, consider:


  • The patient's wishes;

  • The patient's safety;

  • The patient's privacy rights;

  • The individual's involvement in care; and

  • Whether disclosure serves the patient's best interests.

  • Situations Requiring Additional Caution


A. Family Conflict


Staff should use caution when:


  • Family members disagree;

  • Multiple individuals claim authority;

  • The patient's wishes are unclear.


B. Suspected Abuse, Neglect, or Exploitation


If staff reasonably believe an individual may be:


  • Abusing the patient;

  • Neglecting the patient; or

  • Financially exploiting the patient;


Staff may limit or withhold disclosure until further guidance is obtained.


C. Concerns Regarding a Personal Representative


Even when an individual possesses legal authority, staff should seek guidance if disclosure may place the patient at risk or conflict with the patient's best interests.


Always speak to your LifeCare Admin Team when you have questions or concerns.

Fax: 866-718-5759

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