Under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Privacy Regulations written pursuant to the Act, the general rule is that covered entities may not use or disclose an individual's protected health information for purposes unrelated to treatment, payment, healthcare operations, or certain defined exceptions without first obtaining the individual's prior written authorization.
Authorization for Use and Disclosure of Protected Health Information under HIPAA RULE 164.508
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State:
Multi-State
Control #:
US-02302BG
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PDF;
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Description
Definition and meaning
The Authorization for Use and Disclosure of Protected Health Information under HIPAA Rule 164.508 is a legal document that allows an individual to permit healthcare providers to share their personal health information with designated recipients. This authorization is essential for protecting patient privacy while enabling necessary communication regarding health status between parties.
How to complete a form
To effectively complete the authorization form, follow these steps:
- Start with your name and details at the top of the form.
- Provide the name of the healthcare provider you are authorizing to disclose your information.
- Clearly list the names of recipients who will receive your information.
- State the specific purposes for which this information is being shared.
- Initial beside any types of health information you consent to be disclosed, such as HIV records or psychotherapy notes.
- Sign and date the form at the bottom to validate your consent.
Who should use this form
This authorization form should be used by individuals who need to grant permission for their healthcare providers to share their protected health information with other parties. This could include patients undergoing treatment, individuals preparing for legal matters like divorce, or those involved in research studies requiring health data.
Legal use and context
The HIPAA Rule 164.508 outlines the legal parameters for consent to disclose health information. It ensures that individuals have control over their medical records and can choose who accesses their personal information. Without this authorization, healthcare providers are not permitted to share any sensitive health information unless otherwise allowed by law.
Key components of the form
Essential elements included in the authorization form are:
- The individual’s name and contact information.
- The name of the healthcare provider disclosing the information.
- A detailed list of recipients for the disclosed information.
- The specific purposes for sharing the information.
- The types of protected health information requested for disclosure.
- The duration of the authorization, including expiration details.
Benefits of using this form online
Utilizing this authorization form online streamlines the process by:
- Providing immediate access to the necessary document.
- Ensuring that you receive up-to-date and legally compliant forms.
- Allowing you to complete the form at your convenience.
- Reducing the likelihood of errors through guided prompts and explanations.
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FAQ
A covered entity must disclose protected health information in only two situations: (a) to individuals (or their personal representatives) specifically when they request access to, or an accounting of disclosures of, their protected health information; and (b) to HHS when it is undertaking a compliance investigation or
The core elements of a valid authorization include: A meaningful description of the information to be disclosed. The name of the individual or the name of the person authorized to make the requested disclosure.An expiration date or an expiration event that relates to the individual.
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 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.
There are three specific situations where a covered entity must obtain written authorization unless of course it falls under an exception or is already a permitted use or disclosure (see 45 CFR § 164.508(a)): for the use and disclosure of psychotherapy notes; for the use and disclosure of PHI for marketing; and.
A covered entity is permitted, but not required, to use and disclose protected health information, without an individual's authorization, for the following purposes or situations: (1) To the Individual (unless required for access or accounting of disclosures); (2) Treatment, Payment, and Health Care Operations; (3)
The core elements of a valid authorization include: A meaningful description of the information to be disclosed. The name of the individual or the name of the person authorized to make the requested disclosure. The name or other identification of the recipient of the information.
Use or disclosure of psychotherapy notes other than for specific treatment, payment, or health care operations (see 45 CFR §164.508(a)(2)(i) and (a)(2)(ii)) Use or disclosure of substance abuse and treatment records. Use or disclosure of PHI for research purposes.