What does the HIPAA privacy rule do?

 

• For the first time, the HIPAA Privacy Rule creates national standards to protect individuals’ medical records and other personal health information.

• It sets boundaries on the use and release of health records.

• It establishes appropriate safeguards that healthcare providers and others must achieve to protect the privacy of health information.

• It holds violators accountable, with civil and criminal penalties that can be imposed if they violate patients’ privacy rights.

• It generally limits the release of information to the minimum reasonably needed for the purpose of the disclosure.

• It empowers individuals to control certain uses and disclosures of their health information.

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Who needs HIPAA authorization?

Anyone eighteen years of age or older who wants to ensure that their surrogate or health care agent is able to receive his or her Protected Health Information (“PHI”) should have one.

When is a HIPAA Authorization for Release of Health Care Records required?

The HIPAA Authorization is required if:
The health care provider’s internal policy does not expressly allow the use or disclosure of the PHI. Because of the civil penalties, healthcare providers will tend to err on the side of withholding PHI.
The use or disclosure of certain mental health records.
The disclosure is for marketing purposes.

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Authorization for Release of Health Care Records Conclusion:

The HIPAA Privacy Rule has become a headache for healthcare providers and patients. At The Forakis Law Firm, PLC, we are trying to prevent future headaches by addressing issues such as this before they are needed. We hope that by having this document in your possession ahead of time, you will feel more secure that your health care will not be thwarted by bureaucratic technicalities if and when the need arises.