[§323C-32] Individual's designated representative, relative, or surrogate, and directory information. (a) A health care provider, or a person who receives protected health information under subsection (b), may disclose protected health information regarding an individual to an individual's designated representative, relative, or surrogate if:
(1) The individual who is the subject of the information:
(A) Has been notified of the individual's right to object to the disclosure and the individual has not objected to the disclosure; or
(B) Is in a physical or mental condition such that the individual is not capable of objecting, and there are no prior indications that the individual would object; and
(2) The information disclosed is for the purpose of providing health care to that individual; or
(3) The disclosure of the protected health information is consistent with good medical or professional practice.
(b) Except as provided in subsection (d), a health care provider may disclose the information described in subsection (c) to any other person if the individual who is the subject of the information:
(1) Has been notified of the individual's right to object and the individual has not objected to the disclosure; or
(2) Is in a physical or mental condition such that the individual is not capable of objecting; and
(A) The individual's designated representative, relative, or surrogate has not objected; and
(B) There are no prior indications that the individual would object.
(c) Information that may be disclosed in subsection (b) is only that information that consists of any of the following items:
(1) The name of the individual who is the subject of the information;
(2) The general health status of the individual, described as critical, poor, fair, stable, or satisfactory or in terms denoting similar conditions; or
(3) The location of the individual on premises controlled by a provider. This disclosure shall not be made if the information would reveal specific information about the physical or mental condition of the individual, unless the individual expressly authorizes the disclosure.
(d) A disclosure shall not be made under this section if the health care provider involved has reason to believe that the disclosure of this information could lead to physical or mental harm to the individual, unless the individual expressly authorizes the disclosure. [L 1999, c 87, pt of §2]