Authorization for Release of Health Care Records
WHAT DOES THE HIPAA PRIVACY RULE DO?
The HIPAA Privacy Rule for the first time 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 safe-guards that health care 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 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.
WHO NEEDS A 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 SPECIFICALLY REQUIRED?
The HIPAA Authorization is required if:
The health care provider’s internal policy does not expressly allow use or disclosure of the PHI. Because of the civil penalties, health care providers will tend to err on the side of withholding PHI.
The use or disclosure is of certain mental health records.
The disclosure is for marketing purposes.
The HIPAA Privacy Rule has become a headache for health care providers and patients alike. At The Forakis Law Firm, PLC we are trying to prevent future headaches by addressing issues such as this in advance of their being 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.