AR 600–85 • 23 July 2020 68
(1) The statutes and implementing regulation 42 CFR provide specific criteria for disclosure in two of the circumstances under which such disclosure maybe deemed for the benefit of the patient.
(2) In any other benefit situation, disclosure is authorized with the written consent of the patient if all of the
following criteria are met (a) There is no suggestion in the written consent or the circumstances surrounding it, that the
consent was not given freely, voluntarily, and without coercion.
(b) Granting the request for disclosure will not cause substantial harm to the relationship between the patient and the treating provider. Nor will it cause harm to the BH capacity to provide SUD services in general.
(c) Granting the request for disclosure will not be harmful to the patient. This determination is to be made with the advice of the program IDPH.
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