Which of the following is NOT allowed under HIPAA when the patient is present and has the capacity to make their own health care decisions?

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In the context of HIPAA, when a patient is present and has the capacity to make their own healthcare decisions, specific guidelines dictate how and when their health information can be disclosed. The correct answer highlights that a provider cannot unilaterally decide to disclose information based solely on their professional judgment without consulting the patient first. This is because when a patient is deemed capable, they have the right to control access to their health information, which includes the right to consent to or deny sharing their records with others.

In situations where patients have decision-making capacity, healthcare providers are required to obtain explicit consent from the patient before sharing their information unless the information is necessary for treatment or allowed under other specific provisions of HIPAA. Thus, the notion that a provider may disclose information solely based on their professional judgment undermines the patient's rights and goes against HIPAA regulations.

The other choices reflect permissible actions under HIPAA when the patient is capable of making their own decisions, allowing for certain disclosures as long as they align with the patient’s consent or are limited to what is necessary for their treatment and care.

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