2. Metodología de la investigación en prevención de riesgos
2.1. Marco teórico
2.1.6. Equipos de protección colectiva
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‘‘(a) IN GENERAL.—Not later than one year after the
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date of enactment of the Helping Families in Mental
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Health Crisis Act of 2015, the Secretary shall promulgate
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final regulations clarifying the circumstances under which,
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consistent with the standards governing the privacy and
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security of individually identifiable health information pro-
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mulgated by the Secretary under sections 262(a) and 264
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of the Health Insurance Portability and Accountability
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Act of 1996, health care providers and covered entities
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may disclose the protected health information of patients
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with a mental illness, including for purposes of—
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‘‘(1) communicating with a patient’s family,
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caregivers, friends, or others involved in the pa-
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tient’s care, including communication about treat-
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ments, side effects, risk factors, and the availability
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of community resources;
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‘‘(2) communicating with family or caregivers
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when the patient is an adult;
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‘‘(3) communicating with the parent or care-
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giver of a patient who is a minor;
‘‘(4) considering the patient’s capacity to agree
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or object to the sharing of their information;
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‘‘(5) communicating and sharing information
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with a patient’s family or caregivers when—
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‘‘(A) the patient consents; or
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‘‘(B) the patient does not consent, but the
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patient lacks the capacity to agree or object and
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the communication or sharing of information is
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in the patient’s best interest;
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‘‘(6) involving a patient’s family members,
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friends, or caregivers, or others involved in the pa-
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tient’s care in the patient’s care plan, including
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treatment and medication adherence, in dealing with
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patient failures to adhere to medication or other
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therapy;
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‘‘(7) listening to or receiving information from
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family members or caregivers about their loved ones
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receiving mental illness treatment;
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‘‘(8) communicating with family members, care-
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givers, law enforcement, or others when the patient
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presents a serious and imminent threat of harm to
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self or others; and
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‘‘(9) communicating to law enforcement and
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family members or caregivers about the admission of
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a patient to receive care at a facility or the release
of a patient who was admitted to a facility for an
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emergency psychiatric hold or involuntary treatment.
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‘‘(b) COORDINATION.—The Secretary shall carry out
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this section in coordination with the Director of the Office
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for Civil Rights within the Department of Health and
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Human Services.
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‘‘(c) CONSISTENCY WITHGUIDANCE.—The Secretary
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shall ensure that the regulations under this section are
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consistent with the guidance entitled ‘HIPAA Privacy
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Rule and Sharing Information Related to Mental Health’,
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issued by the Department of Health and Human Services
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on February 20, 2014.’’.
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(b) DEVELOPMENT AND DISSEMINATION OF MODEL
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TRAINING PROGRAMS.—
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(1) INITIAL PROGRAMS AND MATERIALS.—Not
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later than one year after promulgating final regula-
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tions under section 13431 of the HITECH Act, as
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added by subsection (a), the Secretary of Health and
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Human Services (in this section referred to as the
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‘‘Secretary’’) shall develop and disseminate—
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(A) a model program and materials for
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training health care providers (including physi-
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cians, emergency medical personnel, psycholo-
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gists, counselors, therapists, behavioral health
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facilities and clinics, care managers, and hos-
pitals) regarding the circumstances under
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which, consistent with the standards governing
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the privacy and security of individually identifi-
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able health information promulgated by the
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Secretary under sections 262(a) and 264 of the
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Health Insurance Portability and Accountability
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Act of 1996, the protected health information
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of patients with a mental illness may be dis-
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closed with and without patient consent;
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(B) a model program and materials for
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training lawyers and others in the legal profes-
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sion on such circumstances; and
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(C) a model program and materials for
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training patients and their families regarding
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their rights to protect and obtain information
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under the standards specified in subparagraph
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(A).
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(2) PERIODIC UPDATES.—The Secretary
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shall—
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(A) periodically review and update the
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model programs and materials developed under
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paragraph (1); and
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(B) disseminate the updated model pro-
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grams and materials.
(3) CONTENTS.—The programs and materials
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developed under paragraph (1) shall address the
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guidance entitled ‘‘HIPAA Privacy Rule and Shar-
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ing Information Related to Mental Health’’, issued
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by the Department of Health and Human Services
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on February 20, 2014.
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(4) COORDINATION.—The Secretary shall carry
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out this section in coordination with the Director of
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the Office for Civil Rights within the Department of
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Health and Human Services, the Administrator of
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the Substance Abuse and Mental Health Services
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Administration, the Administrator of the Health Re-
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sources and Services Administration, and the heads
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of other relevant agencies within the Department of
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Health and Human Services.
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(5) INPUT OF CERTAIN ENTITIES.—In devel-
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oping the model programs and materials required by
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paragraphs (1) and (2), the Secretary shall solicit
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the input of relevant national, State, and local asso-
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ciations, medical societies, and licensing boards.