Colorado Request for Restrictions on Uses and Disclosures of Protected Health Information
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FAQ
One fact sheet addresses Permitted Uses and Disclosures for Health Care Operations, and clarifies that an entity covered by HIPAA (covered entity), such as a physician or hospital, can disclose identifiable health information (referred to in HIPAA as protected health information or PHI) to another covered entity (or
Covered entities may disclose protected health information to: Public health authorities authorized by law to collect or receive such information for preventing or controlling disease, injury, or disability. Public health or other government authorities authorized to receive reports of child abuse and neglect.
Use or disclose protected health information for its own treatment, payment, and health care operations activities. For example: A hospital may use protected health information about an individual to provide health care to the individual and may consult with other health care providers about the individual's treatment.
A covered entity is required to agree to an individual's request to restrict the disclosure of their PHI to a health plan when both of the following conditions are met: (1) the disclosure is for payment or health care operations and is not otherwise required by law; and (2) the PHI pertains solely to a health care item
A completed and approved request for restriction on a disclosure to health plans form must be filed in the episode of care covered by the payment (whether electronic or paper) with easy access to that document. The form must also clearly identify the episode of care covered by the payment.
A covered entity may disclose protected health information to the individual who is the subject of the information. (2) Treatment, Payment, Health Care Operations. A covered entity may use and disclose protected health information for its own treatment, payment, and health care operations activities.
Covered entities may disclose protected health information that they believe is necessary to prevent or lessen a serious and imminent threat to a person or the public, when such disclosure is made to someone they believe can prevent or lessen the threat (including the target of the threat).
Under the new rule, individuals now have a right to obtain restrictions on the disclosure of health information (protected health information or PHI) in electronic or any other form to a health plan for payment or healthcare operations with respect to specific items and services for which the individual has paid the
Regardless of the method by which de-identification is achieved, the Privacy Rule does not restrict the use or disclosure of de-identified health information, as it is no longer considered protected health information, according to HHS.
An authorization must specify a number of elements, including a description of the protected health information to be used and disclosed, the person authorized to make the use or disclosure, the person to whom the covered entity may make the disclosure, an expiration date, and, in some cases, the purpose for which the
