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Protected health information (PHI) is any information in the medical record or designated record set that can be used to identify an individual and that was created, used, or disclosed in the course of providing a health care service such as diagnosis or treatment.
The proper release of medical records always requires authorization to protect the patient's privacy and to help keep you from being liable.
Authorization. A covered entity must obtain the individual's written authorization for any use or disclosure of protected health information that is not for treatment, payment or health care operations or otherwise permitted or required by the Privacy Rule.
A Privacy Rule Authorization is an individual's signed permission to allow a covered entity to use or disclose the individual's protected health information (PHI) that is described in the Authorization for the purpose(s) and to the recipient(s) stated in the Authorization.
Refusing to sign the acknowledgement does not prevent a provider or plan from using or disclosing health information as HIPAA permits. If you refuse to sign the acknowledgement, the provider must keep a record of this fact.
Voluntary: Consent is optional, and patients can choose to provide or withhold it. In contrast, authorization is mandatory for certain activities. Specificity: Authorization requires detailed information, including the exact nature of the disclosure and who will receive it, making it more specific than consent.
§§ 146.81 to 146.84. All patient health care records shall remain confidential. Generally, patient health care records may only be released to a person upon the informed consent of the patient, or as authorized by the patient.
More generally, HIPAA allows the release of information without the patient's authorization when, in the medical care providers' best judgment, it is in the patient's interest. Despite this language, medical care providers are very reluctant to release information unless it is clearly allowed by HIPAA.