Under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Privacy Regulations written pursuant to the Act, the general rule is that covered entities may not use or disclose an individual's protected health information for purposes unrelated to treatment, payment, healthcare operations, or certain defined exceptions without first obtaining the individual's prior written authorization.
Authorization for Use and Disclosure of Protected Health Information under HIPAA RULE 164.508
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A covered entity must disclose protected health information in only two situations: (a) to individuals (or their personal representatives) specifically when they request access to, or an accounting of disclosures of, their protected health information; and (b) to HHS when it is undertaking a compliance investigation or
The core elements of a valid authorization include: A meaningful description of the information to be disclosed. The name of the individual or the name of the person authorized to make the requested disclosure.An expiration date or an expiration event that relates to the individual.
An authorization is a detailed document that gives covered entities permission to use protected health information for specified purposes, which are generally other than treatment, payment, or health care operations, or to disclose protected health information to a third party specified by the individual.
In general, a covered entity may only use or disclose PHI if either: (1) the HIPAA Privacy Rule specifically permits or requires it; or (2) the individual who is the subject of the information gives authorization in writing. We note that this blog only discusses HIPAA; other federal or state privacy laws may apply.
There are three specific situations where a covered entity must obtain written authorization unless of course it falls under an exception or is already a permitted use or disclosure (see 45 CFR § 164.508(a)): for the use and disclosure of psychotherapy notes; for the use and disclosure of PHI for marketing; and.
A covered entity is permitted, but not required, to use and disclose protected health information, without an individual's authorization, for the following purposes or situations: (1) To the Individual (unless required for access or accounting of disclosures); (2) Treatment, Payment, and Health Care Operations; (3)
The core elements of a valid authorization include: A meaningful description of the information to be disclosed. The name of the individual or the name of the person authorized to make the requested disclosure. The name or other identification of the recipient of the information.
Use or disclosure of psychotherapy notes other than for specific treatment, payment, or health care operations (see 45 CFR §164.508(a)(2)(i) and (a)(2)(ii)) Use or disclosure of substance abuse and treatment records. Use or disclosure of PHI for research purposes.