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The proper release of medical records always requires authorization to protect the patient's privacy and to help keep you from being liable.
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.
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 Massachusetts, medical records laws hold all privileged patient medical records as confidential and allow third-party access under limited circumstances.
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 a form that must be completed by a patient or a health plan member when a Covered Entity wishes to use or disclose PHI for a purpose not permitted by the Privacy Rule. The failure to obtain a HIPAA authorization is considered a serious violation of HIPAA compliance.
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.
Examples of disclosures that would require an individual's authorization include disclosures to a life insurer for coverage purposes, disclosures to an employer of the results of a pre-employment physical or lab test, or disclosures to a pharmaceutical firm for their own marketing purposes.