Disclosure of medical information to the surrogate of a patient who lacks decision-making capacity.
A VA medical practitioner may disclose the content of any record of the identity, diagnosis, prognosis, or treatment of a patient that is maintained in connection with the performance of any VA program or activity relating to drug abuse, alcoholism or alcohol abuse, infection with the human immunodeficiency virus, or sickle cell anemia to a surrogate of the patient who is the subject of such record if:
(a) The patient lacks decision-making capacity; and
(b) The practitioner deems the content of the given record necessary for the surrogate to make an informed decision regarding the patient's treatment.
(Authority: 38 U.S.C. 7331, 7332)
[76 FR 6696, Feb. 8, 2011]
Title 38 published on 2012-07-01
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