26A person who consents under this Act or any other Act of the Legislature on behalf of and in the place of an individual to the collection, use or disclosure of personal health information by a custodian, or who withholds or withdraws a consent, shall take into consideration
(a)
any written instruction provided by the individual in an enduring power of attorney,
(a.1)
any decision expressed in a health care directive,
(b)
the wishes, values and beliefs that,
(i)
if the individual is capable, the person knows the individual holds and believes the individual would want reflected in decisions made concerning the individual’s personal health information, or
(ii)
if the individual is incapable or deceased, the person knows the individual held when capable or alive and believes the individual would have wanted reflected in decisions made concerning the individual’s personal health information,
(c)
whether the benefits that the person expects from the collection, use or disclosure of the information outweigh the risk of negative consequences occurring as a result of the collection, use or disclosure,
(d)
whether the purpose for which the collection, use or disclosure is sought can be accomplished without the collection, use or disclosure, and
(e)
whether the collection, use or disclosure is necessary to satisfy any legal obligation.
26A person who consents under this Act or any other Act of the Legislature on behalf of and in the place of an individual to the collection, use or disclosure of personal health information by a custodian, or who withholds or withdraws a consent, shall take into consideration
(a)
any written instruction provided by the individual in a power of attorney for personal care or other power of attorney,
(a.1)
any decision expressed in a health care directive,
(b)
the wishes, values and beliefs that,
(i)
if the individual is capable, the person knows the individual holds and believes the individual would want reflected in decisions made concerning the individual’s personal health information, or
(ii)
if the individual is incapable or deceased, the person knows the individual held when capable or alive and believes the individual would have wanted reflected in decisions made concerning the individual’s personal health information,
(c)
whether the benefits that the person expects from the collection, use or disclosure of the information outweigh the risk of negative consequences occurring as a result of the collection, use or disclosure,
(d)
whether the purpose for which the collection, use or disclosure is sought can be accomplished without the collection, use or disclosure, and
(e)
whether the collection, use or disclosure is necessary to satisfy any legal obligation.
26A person who consents under this Act or any other Act of the Legislature on behalf of and in the place of an individual to the collection, use or disclosure of personal health information by a custodian, or who withholds or withdraws a consent, shall take into consideration
(a)
any written instruction provided by the individual in a power of attorney for personal care or other power of attorney,
(b)
the wishes, values and beliefs that,
(i)
if the individual is capable, the person knows the individual holds and believes the individual would want reflected in decisions made concerning the individual’s personal health information, or
(ii)
if the individual is incapable or deceased, the person knows the individual held when capable or alive and believes the individual would have wanted reflected in decisions made concerning the individual’s personal health information,
(c)
whether the benefits that the person expects from the collection, use or disclosure of the information outweigh the risk of negative consequences occurring as a result of the collection, use or disclosure,
(d)
whether the purpose for which the collection, use or disclosure is sought can be accomplished without the collection, use or disclosure, and
(e)
whether the collection, use or disclosure is necessary to satisfy any legal obligation.
26A person who consents under this Act or any other Act of the Legislature on behalf of and in the place of an individual to the collection, use or disclosure of personal health information by a custodian, or who withholds or withdraws a consent, shall take into consideration
(a)
any written instruction provided by the individual in a power of attorney for personal care or other power of attorney,
(b)
the wishes, values and beliefs that,
(i)
if the individual is capable, the person knows the individual holds and believes the individual would want reflected in decisions made concerning the individual’s personal health information, or
(ii)
if the individual is incapable or deceased, the person knows the individual held when capable or alive and believes the individual would have wanted reflected in decisions made concerning the individual’s personal health information,
(c)
whether the benefits that the person expects from the collection, use or disclosure of the information outweigh the risk of negative consequences occurring as a result of the collection, use or disclosure,
(d)
whether the purpose for which the collection, use or disclosure is sought can be accomplished without the collection, use or disclosure, and
(e)
whether the collection, use or disclosure is necessary to satisfy any legal obligation.