Privacy Notice
This web page is currently under review. You can find pertinent privacy
rule general information and frequently asked questions by accessing
this web page:
http://www.uiowa.edu/homepage/policy/HIPAA/index.html
The University of Iowa
HIPAA Privacy Rule
Policies and Procedures
NOTICE OF PRIVACY PRACTICES
Purpose: To define the required content of the University of Iowa’s
Privacy Notice, applicable to covered units within the U of I not
covered by UI Health Care
Policy: Under the provisions of the HIPAA Privacy Rule, an individual
has a right to know the uses and disclosures of protected health
information (PHI) that may be made by the University of Iowa College or
unit providing health care. The individual also has a right to know what
his or her responsibilities are with respect to PHI. The U of I is
required to provide a notice of privacy practices to all patients as
well as to individuals requesting a copy.
Procedure: The College or health care unit will:
· Provide the Notice of Privacy Practices at the first date of
service to all patients
· Make a good faith effort to obtain a written acknowledgement of
receipt of the notice
· Have the Privacy Notice visible in clinic and service locations
· Have the Privacy Notice available for student-athletes to take
with them
Exceptions: in an emergency, if it is impossible or impractical to
provide the notice, or if doing so would delay care, providing
student-athlete care takes the highest priority.
Content of the Privacy Notice.
The U of I Health Care units will provide a Privacy Notice that is
written in plain language and that contains the following elements:
· Header: The Privacy Notice must contain the following statement
as a header or otherwise prominently displayed: “THIS NOTICE DESCRIBES
HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU
CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.”
· Uses and disclosures: The Privacy Notice must contain:
o A description, including at least one example, of the types of
uses and disclosures that are permitted to make for each of the
following purposes: Treatment, Payment, and Health Care Operations**;
o A description of each of the other purposes for which disclosure
of PHI is permitted or required without that student-athlete’s written
authorization;
o A statement that other uses and disclosures will be made only
with the student-athlete’s written authorization and that the
student-athlete may revoke such authorization as provided by UI “Policy
on Uses and Disclosures of Protected Health Information”;
o A statement that the patient may be contacted to provide
appointment reminders or information about treatment alternatives or
other health-related benefits and services that may be of interest to
the patient
Individual rights
The Privacy Notice must contain a statement of the student-athlete’s
rights with respect to PHI and a brief description of how the individual
may exercise these rights as follows:
· The right to request restrictions on certain uses and
disclosures of PHI as provided by University policy, “Restrictions on
Use and Disclosure of Protected Health Information.”
· The right to receive confidential communications of PHI as
provided by policy “Request for Confidential Communications.”
· The right to inspect and attain a copy of the student-athlete’s
PHI as provided by policy “Access of Individuals to Protected Health
Information in the Designated Record Set”.
· The right to request an amendment to PHI as provided by policy
“Corrections and Amendments to Protected Health Information”.
· The right to receive an accounting of disclosures of PHI as
provided by policy “Accounting of Disclosures”.
· The right of an individual, including an individual who has
agreed to receive the notice electronically, to obtain a paper copy of
the notice from UI upon request.
Covered entity’s duties.
The Privacy Notice must contain a statement that the
University of Iowa:
· Is required by law to maintain the privacy of PHI and to
provide individuals with notice of its legal duties and privacy
practices with respect to PHI;
· Is required to abide by the terms of the notice currently in
effect; and
· Reserves the right to change the terms of its notice and to
make the new notice provisions effective for all PHI that it maintains.
The statement must also describe how it will provide individuals with a
revised notice.
Complaints.
· The Privacy Notice must contain a statement that individuals
may complain to the University of Iowa and to the Department of Health
and Human Services if they believe their privacy rights have been
violated, a brief description of how the individual may file a
complaint, and a statement that the individual will not be retaliated
against for filing a complaint.
Contact.
· The Privacy Notice must contain the name, or title, and
telephone number of a person or office to contact for further
information.
Requirements for Electronic Notice
· The University of Iowa will provide an updated electronic
version of the Privacy Notice on its website at http://www.uiowa.edu/homepage/policy/HIPAA/index.html.
· The notice may be provided to an individual by e-mail, if the
requirements for communicating with the individual through email is in
compliance with the HIPPA electronic Mail Policy.
· Provision of electronic notice will satisfy the provision
requirements if receipt of the notice by the individual is documented.
· The individual who is the recipient of electronic notice
retains the right to obtain a paper copy of the notice from the
University of Iowa.
Documentation of Privacy Notice:
· The University of Iowa will document compliance with the
Privacy Notice requirements by retaining copies of the Privacy Notices
issued by UI Health Care.
· Those persons who register or admit patients will be
responsible for distributing the Privacy Notice to all patients and
documenting the receipt of the “Notice of Privacy Practices
Acknowledgement Form” in the record. If a written acknowledgement was
not obtained from the patient, must document the reason for the failure
to obtain the written acknowledgement on the “Notice of Privacy
Practices Acknowledgement Form”. Such reason for failure may be, for
example, that the patient refused to sign after being requested to do
so.
Revisions to the Privacy Notice.
· The Privacy Notice will be revised and made available whenever
there is a material change to the uses or disclosures, the individual’s
rights, or other privacy practices stated in the notice. Except when
required by law, a material change to any term of the notice may not be
implemented prior to the effective date of the notice in which such
material change is reflected.
*
Definition of Protected Health Information (PHI):
Individually identifiable health information transmitted or maintained
in any form or medium, including oral, written and electronic.
Individually identifiable health information relates to an individual’s
health status or condition, furnishing health services to an individual
or paying or administering health care benefits to an individual.
Information is considered PHI where there is a reasonable basis to
believe the information can be used to identify an individual.
**
Treatment, Payment and Health Care Operations (TPO):
Treatment involves the administering, coordinating and management of
health care services. Payment includes any activities undertaken to
obtain premiums, determine or fulfill its responsibility for coverage
and the provision of benefits or to obtain or provide reimbursement for
the provision of health care. Health Care Operation includes general
administrative and business functions, including audit, quality review,
and financial management. Under the rules, “operations” also includes
“the training of future health professionals”.
UNIVERSITY OF IOWA PRIVACY NOTICE
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND
DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.
PLEASE REVIEW IT CAREFULLY.
Our Legal Responsibility
As a health care provider, we are legally required to
protect the privacy of your health information, and to provide you with
this notice about our legal duties and privacy practices. This
requirement applies to all clients served by units within the University
of Iowa that provide health care to clients.
If you have any questions or want more information about
this notice, please contact our Privacy Officer at the contact
information listed below.
Your Protected Health Information (PHI)
Throughout this notice we will refer to your protected
health information as PHI. Your PHI includes information that
identifies you and describes the care and services you receive.
This notice applies to all of the records, both electronic
and paper, about your care. It includes all information created by
University of Iowa staff. This staff includes physicians, other health
care professionals, students and other staff members.
This notice about privacy practices explains how, when, and
why we use and share your PHI. It explains your rights and our
responsibilities and tells you where to get additional information.
We may change the terms of this notice and our privacy
policy in the future. Any changes will apply to your past, current, or
future PHI. When we make an important change to our policies, we will
change this notice and post a new notice on our Web site (www.uiowa.edu
“privacy rule”). You may also request a copy of our current notice at
any time from the University of Iowa HIPAA Privacy Officer, Office of
the Provost, University of Iowa, Iowa City, Iowa 52242.
Uses of Protected Health Information
The unit at the University of Iowa where you receive
services collects health information about you and stores it in a chart
and may also store it on a computer. This is your medical record. The
medical record is the property of the University of Iowa, but the
information in the medical record belongs to you.
We use and disclose health information for many reasons.
The following examples describe some of the categories of our uses and
disclosures. Please note that not every use or disclosure in a category
is listed.
· Treatment – We may use and disclose medical
information about you to physicians, nurses, technicians, physicians in
training, or other health care professionals who are involved in your
care. Different health care professionals, such as pharmacists, lab
technicians, and x-ray technicians, also may share information about you
in order to coordinate your care.
· Health care operations – We may use and disclose
your PHI as part of our routine operations. For example, we may use
your PHI to evaluate the quality of health care services you received or
to evaluate the performance of health care professionals who cared for
you. We may also disclose information to physicians, nurses,
technicians, medical, nursing and other health professional students,
and other personnel as part of our educational mission.
· Appointment reminders and health-related benefits
or services – We may use your PHI to provide appointment reminders or
give you information about treatment alternatives or other health care
services.
· Public health activities – We report information
about births, deaths, and various diseases to governmental officials in
charge of collecting that information. We provide coroners, medical
examiners, and funeral directors information about an individual’s
death.
· Law enforcement – We may disclose PHI to
government agencies and law enforcement personnel when the law requires
it. For example, we report about victims of abuse, neglect, or domestic
violence, and gunshot victims, and when ordered to do so in judicial or
administrative proceedings.
· Health oversight activities – We may disclose PHI
to a health oversight agency for audits, investigations, inspections,
and licensure, as authorized by law. For example we may disclose PHI to
the Food and Drug Administration, state Medicaid fraud control, or the
Health Human Service Office for Civil Rights.
· Research studies – We may disclose your PHI to
help conduct research. Research may involve finding a cure for an
illness or helping to determine how effective a treatment is. All
research studies are subject to a specific approval process by a Privacy
Board or Institutional Review Board. This process evaluates a proposed
research study to determine that measures are in place to balance
research needs with the need for the privacy of your health
information. For some research activities you may be asked to
participate in a study and if you agree, the researcher will be required
to obtain your permission to use your PHI for that study.
· Organ donation – We may use your PHI to notify
organ donation organizations, and to assist them in organ, eye, or
tissue donation and transplants.
· Worker’s compensation purposes – We may disclose
PHI at your employer’s request regarding a work-related injury.
· National security and intelligence activities – We
may release PHI to authorized federal officials when required by law.
Uses and Disclosures for which You Have the Opportunity to Object
· Directory – listing your information in a
directory of patients (such as an information desk for visitors)
· Fundraising – providing your information to
University entities for purposes of sending you materials for
fundraising purposes
· Disclosures to family, friends, or others –
providing information that you are a patient
Except as described above, all other uses and disclosures of your PHI
will require your authorization.
Your Rights Regarding PHI
You have the right to:
· Request Restrictions
You have the right to ask that we limit how we use and disclosure your
PHI. We will consider your request, but we are not legally required to
accept it. If we accept your request, we will put any limits in writing
and follow them except in emergency situations. You may not limit the
uses and disclosures that we are legally required or allowed to make.
To request a restriction, contact the Privacy Officer listed at the end
of this notice.
· Request Confidential Communications
If
we send notices or information to you, you have the right to ask that we
send PHI to you at a different address. For example, you may wish to
have appointment reminders and test results sent to a PO Box or a
different address than your home address. We will accommodate
reasonable requests. To make a request, contact any member of your
health care team.
· Inspect and Copy
You have the right to inspect and obtain a copy of medical information
that may be used to make decisions about your care. Usually this
includes the medical record and billing records. To inspect and obtain
a copy of medical information, you must submit your request in writing
to either: the university department where you are receiving care or
the Privacy Officer listed at the end of this
notice.
We
will make every effort to respond to your request within a reasonable
period of time. You may be charged a fee to cover the costs of copying,
mailing, or other supplies associated with your request.
· Disclosures
You have the right to obtain a list of instances in which we have
disclosed your PHI. Your request must state a time period not longer
than six years and your request may not include dates before April 14,
2003. The list will not include uses or disclosures made for treatment,
payment or health care operations. In addition, the list will not
include uses or disclosures that you have specifically authorized in
writing. You must submit your request in writing to the Privacy Officer
listed at the end of this notice.
· Amend
You have the right to request an amendment of your PHI if you think that
information is inaccurate or incomplete in your medical record. You may
request an amendment for as long as that record is maintained. You may
submit a written request for an amendment to: Release of Information,
for amendment to your medical record.
· Paper copy of this notice
You have the right to request a paper copy of this notice. You may pick
up a copy at any check-in point or request that a copy be sent to you.
Revocation of Permission
If you provide us with permission to use or disclose medical
information about you, you may revoke that permission at any time. You
must make your request in writing to Release of Information. Contact
information is listed at the end of this notice.
If you revoke your permission, we will no longer use or
disclose medical information about you for the reasons covered by your
written revocation. We are unable to take back any disclosures
previously made with your permission. Also, we are required to keep all
records of the care that we provided to you.
Complaints and Questions
If you believe your privacy rights have been violated, you
may file a complaint with the University of Iowa, or with the Office of
Civil Rights. To file a complaint with University of Iowa, contact the
University of Iowa Privacy Officer at the address and phone number
listed below. You will not be penalized for filing a complaint and your
care will not be compromised.
If you have questions about this notice, any complaints
about our privacy practices, or you would like to know how to file a
complaint with the Secretary of the Department of Health and Human
Services, Office of Civil Rights, please contact:
University of Iowa Privacy Officer
Office of the Provost, 111 JH
Iowa City, Iowa 52242
319-335-0292
This notice is in effect April 14, 2003.
H:Document/Policies/Uiprivacynotice04/22/03
UNIVERSITY OF IOWA
Privacy Notice Acknowledgment Form
By
signing this form I acknowledge that I have received the University of
Iowa Privacy Notice. I have the right to review the Privacy Notice
prior to signing this acknowledgment form.
The University of Iowa has the right to change the Privacy Notice from
time to time. The revised Privacy Notice will be posted within the
clinical facilities, on the University of Athletic Training Iowa web
site, and paper copies will be available at Athletic Training Rooms.
Student-Athlete
Name:___________________________________ Date:
________
Signature of Student-Athlete
or
Legal Representative: ________________________________________________
Relationship to the Student-Athlete:
______________________________________
This will be retained with the student-athlete record. Please return
this form to the Athletic Training Room Office.
For failure to obtain acknowledgment, check the appropriate reason:
‰ Substantial communication barriers
‰ Refusal to sign
‰ Other _________________________________
Description:
_____________________________________________________________
Staff Signature: Date:
__________________________________ _________________
Department: Title:
The University of Iowa
HIPAA Privacy Rule
Policies and Procedures
USE AND DISCLOSURE OF PROTECTED HEALTH INFORMATION
Purpose: To define whether use or disclosure of Protected Health
Information (PHI) is required, permitted, or subject to authorization
requirements; to provide direction to staff regarding when patient
authorization is required for use or disclosure of PHI; and to provide
direction to staff regarding when PHI may be used or disclosed without
patient authorization.
Policy: It is the policy of the University of Iowa that the
confidentiality of Protected Health Information contained in records and
collected pursuant to treatment will be protected to the fullest extent
possible. To maintain this confidentiality, UI staff may not
disseminate PHI unless it is pursuant to a valid request, a valid
authorization or a legally recognized exception to this requirement.
Procedures
1. Required disclosures
· To a student-athlete who requests to see his or her own record
or an accounting of disclosures.
· To the legal representative of a student-athlete who makes a
request.
· To the Department of Health and Human Services for purposes of
determining compliance with the Privacy Rule.
2. Permitted uses and disclosures
· For purposes of treatment, payment, operations (“operations”
includes education)
· PHI will be available to students in educational programs for
use within the Athletic Training Rooms where the records are maintained
· In accordance with a student-athlete’s authorization
· Incident to a permitted use or disclosure
· In specific instances defined in the Privacy Rule (below)
3. Permitted uses and disclosures requiring verbal agreement and
opportunity to agree or object
· Facility directory, media, marketing
· Persons assisting in the student-athlete’s care
· Family members, close personal friends (patient assent)
4. Permitted uses and disclosures for which authorization is not
required
· Required by law
· Public health activities
· Disclosures to health oversight agencies
· Release pursuant to court order, subpoena or other discovery
request
· Required disclosures pertaining to victims of abuse, neglect or
domestic violence
· Disclosures for law enforcement purposes
· Disclosures to avert threats to public health and safety and to
support specialized government functions (military and security)
· Disclosures related to organ donation
· Disclosures related to workers compensation
Research is a critical mission of the University. Disclosure of PHI for
research purposes is permitted in accordance with protocols administered
by the Human Subjects Office.
Definitions:
Protected Health Information (PHI):
Individually identifiable health information transmitted or maintained
in any form or medium, including oral, written and electronic.
Individually identifiable health information relates to an individual’s
health status or condition, furnishing health services to an individual
or paying or administering health care benefits to an individual.
Information is considered PHI where there is a reasonable basis to
believe the information can be used to identify an individual.
Use:
Use of PHI includes anything done with the information inside UIHC (i.e.
sharing, employment, application, utilization, examination, or analysis
of such information within an entity that maintains such information, 45
C.F.R. §164.501).
Disclosure:
Disclosure of PHI means anything done with the information outside the
covered entity (i.e. release, transfer, provision of access to, or
divulging in any other manner of information outside the entity holding
the information, 45 C.F.R. §164.501).
Health Oversight Agency:
Health Oversight Agency means an agency or authority of the United
States, a State, a territory, a political subdivision of a State or
territory, or an Indian tribe, or a person or entity acting under a
grant of authority from or contract with such public agency, including
the employees or agents of such public agency or its contractors or
persons or entities to whom it has granted authority, that is authorized
by law to oversee the health care system (whether public or private) or
government programs in which health information is necessary to
determine eligibility or compliance, or to enforce civil rights laws for
which health information is relevant.
Reference: 45 C.F.R. §164.512
The University of Iowa
HIPAA Privacy Rule
Policies and Procedures
HIPAA-PROTECTED RECORDS: DESIGNATED RECORD SET
Purpose: To define those records maintained outside of the UI Health
Care units that are subject to the provisions of the HIPAA Privacy Rule.
Policy:
bullet All records containing Protected Health Information,
regardless of location, are protected by the Privacy Rule.
bullet The following units are subject to the staff training and
other requirements as elements of the University’s “hybrid entity”:
Client records in these units are subject to the Privacy Rule.
bullet University of Iowa Staff Benefits Office
bullet College of Dentistry
bullet Employee Wellness
bullet Wendall Johnson Speech and Hearing Clinic
bullet Seashore Psychology Training Clinic
bullet Athletic Training Rooms
bullet All records contained in employee files or elsewhere that
include PHI, health history or status or medical information about the
employee.
bullet Employee-submitted material including consent or authorization
forms, leave request reports, or related documentation.
Definition:
The “designated record set includes:”
bullet Medical records
bullet Billing records
bullet Enrollment, payment, claims adjudication records
bullet Case management records
References: 45 C.F.R. §164.501
The University of Iowa
HIPAA Privacy Rule
Policies and Procedures
ACCESS OF INDIVIDUALS TO PROTECTED HEALTH INFORMATION
Purpose: To define the process for responding to requests from
student-athletes their PHI and to provide guidance to staff regarding
their responsibilities when student-athletes request access to PHI.
Policy: Student-athletes have a right to inspect and copy PHI contained
in their records.
Procedures:
1. Requests to inspect or receive copies of PHI
A
student-athlete must make the request in writing using the
Student-Athlete Request to Access Protected Health Information Form and
submitting it to the Associate Director of Athletic Training or the
HIPAA Privacy Officer.
2. Response
The Associate Director of Athletic Training or HIPAA Privacy Officer
will contact the individual making the request within 30 days and
arrange for inspection and/or copying.
The University reserves the right to deny access under the same
circumstances outlined in Athletic Training Policy “Access of
Individuals to Protected Health Information in the Designated Record
Set.”
Reference: 45 C.F.R. §164.524
University of Iowa
Student-Athlete Request to Access Protected Health Information
Student-Athlete Name________________________ Date of Birth___/___/____
Date of Request___/___/____
I
request that University of Iowa provide me with access to my personal
health information as described below:
_____________________________________________________________
I
request access to my personal health information covering the dates of
___/___/____ through ___/___/____.
Type of access requested:
q Copies of requested information (please specify the format you
desire)
q Hard Copy
q Other____________________
I
understand that University of Iowa may charge a fee for the costs of
copying, mailing, preparing a summary or other supplies associated with
my request.
Please contact me at the following telephone number to arrange
inspection or copying:
Telephone number: ____________________
e-mail: ______________________________
hours preferred: _______________________
___________________________________________
___/___/____
Signature of Student-Athlete or Student-Athlete’s Authorized
Representative Date
If
signed by the student-athlete’s Representative, please print the name
and describe relationship to the student-athlete:
______________________________ _______________________
Print
Name
Relationship
You will receive a response within 30 days of the receipt of your
request.
The University of Iowa
HIPAA Privacy Rule
Policies and Procedures
REQUEST FOR CONFIDENTIAL COMMUNICATIONS
Purpose: To define the process for responding to requests from
student-athletes or their legal representatives to receive confidential
communications of their Protected Health Information (PHI); to instruct
staff on how to respond to requests from student-athletes or their legal
representatives for confidential communications of their PHI.
Policy: It is the policy of the University of Iowa to accommodate
requests from student-athletes or their legal representatives to receive
communications of PHI by alternative means or at alternative locations.
The provision of this communication may require an alternative address
or other method of contact.
Procedures:
bullet Student-athletes or their legal representatives may request to
receive communications of PHI by alternative means or at a different
location by contacting the Associate Director of Athletic Training or a
care provider.
bullet The request should be in writing in order to document to
alternative method or location on the attached.
bullet The request may be denied if the student-athlete fails to
specify an alternative address or means of contact.
bullet The alternative address/contact will be used until the
student-athlete or the student-athlete’s legal representative advises
the college or health care unit to return to the original designated
address.
Reference: 45 C.F.R. §164.522
The University of Iowa
Privacy Rule
Request for Confidential Communications Regarding Medical Information
I
wish to request that the communication about my health and medical care,
which contains Protected Health Information, be communicated to me in
the following manner: (check one):
_____ By telephone at my home number
______By telephone at another number
______By FAX at a number provided
______By mail at an address other than he one on
the record
Please proved the information we will need to send the information to
you at your preferred location (complete address, phone number,
etc.:__________________
The University will not ask you the reason for your request and will
accommodate all reasonable requests.
If
you cannot be reached at the designated alternative location you
specify, the University may use other means to contact you.
When you have completed this form, please give it to your health care
provider or send it to: HIPAA Privacy Offices, C-43 GH, University of
Iowa, Iowa City, Iowa
52242.
__________________________
___________________
Signature
Date
_________________________
___________________
Staff member
Title
The University of Iowa
HIPAA Privacy Rule
Policies and Procedures
DISCLOSURE OF PROTECTED HEALTH INFORMATION TO PERSONAL REPRESENTATIVES
Purpose: To define when and what protected health information (PHI) may
be released to an individual’s personal representative.
Policy: The university unit in possession of PHI will treat the personal
representative as the individual when using and disclosing the
individual’s PHI EXCEPT
A
“personal representative” is an individual who has authority by law
(parent, legal guardian) or by authority from the individual receiving
services to act in the place of that individual. This includes parents,
legal guardians, persons with power of attorney and may also include the
family or next of kin of a non-autonomous student-athlete who has no
legally appointed surrogate. The authority of the personal
representative is limited: the representative must be treated as the
individual only to the extent that PHI is relevant to the matters on
which the personal representative is authorized to represent the
individual.
Procedures: What follows are guidelines in determining a
student-athlete’s personal representative. Questions about whether or
not a person is a personal representative of a patient should be
directed to the University’s HIPAA Privacy Officer.
A. Adults and Emancipated Minors
If
a person has authority by law to act on behalf of an individual who is
an adult or an emancipated minor in making decisions related to use and
disclosure of PHI, that person will be treated as a personal
representative. Once a minor is emancipated, a guardian or a parent
cannot be recognized as a personal representative.
B. Children (under 18 years)
In
general, parents will be the personal representatives of their
children. In some cases, there will be a legal guardian or another
individual who has been designated to act on behalf of a child. These
individuals will be recognized as personal representatives.
Note: A minor does not require the consent of an adult and any consent
to treatment for: testing and counseling for sexually transmitted
diseases, treatment and rehabilitation for substance abuse, and limited
reproductive issues. The minor will be treated as an individual and may
provide authorization for release of their PHI.
C. Deceased Individuals
The personal representative will be an executor, administrator or other
person designated to act on behalf of a deceased individual or the
estate.
D. Exception
The UI may elect not to recognize an individual as a personal
representative if there is reason to believe that:
· Deceased Individuals
If
an executor, administrator, or other person has authority to act on
behalf of a deceased individual or of the individual’s estate, UIHC will
treat such person as a personal representative with respect to PHI
relevant to such personal representative.
· Abuse, Neglect, Endangerment Situations
Elect not to recognize a person as the personal representative of an
individual if Athletic Training Services has a reasonable belief that:
1. The individual has been or may be subjected to domestic
violence, abuse, or neglect by a parent, guardian or personal
representative; or
2. Treating such a person as the personal representative could
endanger the individual; and
3. In the exercise of professional judgment it is not in the best
interest of the individual to treat the person as the individual’s
personal representative.
Definitions:
Protecte