[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR2.15]



[Page 15-16]

 

                         TITLE 42--PUBLIC HEALTH

 

    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

PART 2_CONFIDENTIALITY OF ALCOHOL AND DRUG ABUSE PATIENT RECORDS--Table of 

Contents

 

                      Subpart B_General Provisions

 

Sec.  2.15  Incompetent and deceased patients.



    (a) Incompetent patients other than minors--(1) Adjudication of 

incompetence. In the case of a patient who has been adjudicated as 

lacking the capacity, for any reason other than insufficient age, to 

manage his or her own affairs, any consent which is required under these 

regulations may be given by the



[[Page 16]]



guardian or other person authorized under State law to act in the 

patient's behalf.

    (2) No adjudication of incompetency. For any period for which the 

program director determines that a patient, other than a minor or one 

who has been adjudicated incompetent, suffers from a medical condition 

that prevents knowing or effective action on his or her own behalf, the 

program director may exercise the right of the patient to consent to a 

disclosure under subpart C of these regulations for the sole purpose of 

obtaining payment for services from a third party payer.

    (b) Deceased patients--(1) Vital statistics. These regulations do 

not restrict the disclosure of patient identifying information relating 

to the cause of death of a patient under laws requiring the collection 

of death or other vital statistics or permitting inquiry into the cause 

of death.

    (2) Consent by personal representative. Any other disclosure of 

information identifying a deceased patient as an alcohol or drug abuser 

is subject to these regulations. If a written consent to the disclosure 

is required, that consent may be given by an executor, administrator, or 

other personal representative appointed under applicable State law. If 

there is no such appointment the consent may be given by the patient's 

spouse or, if none, by any responsible member of the patient's family.