Montana Code 50-16-603. Confidentiality of health care information
50-16-603. Confidentiality of health care information. Health care information in the possession of the department, a local board, a local health officer, or the entity’s authorized representatives may not be released except:
Terms Used In Montana Code 50-16-603
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-16-602
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Health care information: means information, whether oral or recorded in any form or medium, that identifies or can readily be associated with the identity of an individual, including one who is deceased, and that relates to that individual's health care or status. See Montana Code 50-16-602
- Local board: means a county, city, city-county, or district board of health provided for in Title 50, chapter 2, part 1. See Montana Code 50-16-602
- Local health officer: means a county, city, city-county, or district health officer appointed by a local board. See Montana Code 50-16-602
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(1)for statistical purposes, if no identification of individuals can be made from the information released;
(2)when the health care information pertains to a person who has given written consent to the release and has specified the type of information to be released and the person or entity to whom it may be released;
(3)to medical personnel in a medical emergency as necessary to protect the health, life, or well-being of the named person;
(4)as allowed by Title 50, chapters 17 and 18;
(5)to another state or local public health agency, including those in other states, whenever necessary to continue health services to the named person or to undertake public health efforts to prevent or interrupt the transmission of a communicable disease or to alleviate and prevent injury caused by the release of biological, chemical, or radiological agents capable of causing imminent disability, death, or infection;
(6)in the case of a minor, as required by 41-3-201 or pursuant to an investigation or a safety and risk assessment under 41-3-202 or if the health care information is to be presented as evidence in a court proceeding involving child abuse pursuant to Title 41, chapter 3. Documents containing the information must be sealed by the court upon conclusion of the proceedings.
(7)to medical personnel, the department, a local health officer or board, or a district court when necessary to implement or enforce state statutes or state or local health rules concerning the prevention or control of diseases designated as reportable pursuant to 50-1-202, if the release does not conflict with any other provision contained in this part.