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HIPAA stipulates that there has to be a written authorization for every use or disclosure of PHI not required or permitted by the Privacy Rule. Additionally, the retraction of HIPAA authorization also has to be written.
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.
A HIPAA authorization is consent obtained from an individual that permits a covered entity or business associate to use or disclose that individual's protected health information to someone else for a purpose that would otherwise not be permitted by the HIPAA Privacy Rule.
The proper release of medical records always requires authorization to protect the patient's privacy and to help keep you from being liable.
When is the patient's authorization to release information required? In most cases, when patient information is going to be shared with anyone for reasons other than treatment, payment, or healthcare operations.
You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Ave. S.W., Room 509F HHH Building, Washington, DC 20201, calling (877) 696-6775, or visiting .hhs.gov/ocr/privacy/hipaa/complaints/.
Under the HIPAA Privacy Rule, when a release of information is intended for purposes other than medical treatment, healthcare operations, or payment, you'll need to sign an authorization for ROI. The healthcare organization releasing your information will check that the authorization is valid during the ROI process.
Mandatory disclosure of information Under the CMIA, medical information must be released when compelled: by court order. by a board, commission or administrative agency for purposes of adjudication. by a party to a legal action before a court, arbitration, or administrative agency, by subpoena or discovery request.