Delaware Revocation of Authorization To Use or Disclose Protected Health Information
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How to fill out Revocation Of Authorization To Use Or Disclose Protected Health Information?
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FAQ
By definition, a PHI breach is the acquisition, access, use, or disclosure of protected health information by a covered entity or business associate in a manner not permitted under the HIPAA Privacy Rule which compromises the security or privacy of the protected health information.
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).
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.
However, PHI can be used and disclosed without a signed or verbal authorization from the patient when it is a necessary part of treatment, payment, or healthcare operations. The Minimum Necessary Standard Rule states that only the information needed to get the job done should be provided.
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.
Following a breach of unsecured protected health information, covered entities must provide notification of the breach to affected individuals, the Secretary, and, in certain circumstances, to the media. In addition, business associates must notify covered entities if a breach occurs at or by the business associate.
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.
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.
A violation is an unauthorized disclosure that results in the conclusion there is a low probability of compromise to the PHI. If this low risk is determined and supported by the Risk Assessment, reporting the incident to the OCR and the involved patient is deemed to be unnecessary.
A HIPAA authorization is a detailed document in which specific uses and disclosures of protected health are explained in full. By signing the authorization, an individual is giving consent to have their health information used or disclosed for the reasons stated on the authorization.
