Understanding HIPAA Requirements: When Authorization Must Be Given for Disclosing Information

Understanding HIPAA Requirements: When Authorization Must Be Given for Disclosing Information

Healthcare providers are expected to follow a set of guidelines to protect patient health information (PHI). These are known as HIPAA requirements, which stands for the Health Insurance Portability and Accountability Act. HIPAA covers anything from medical records to conversations between providers and patients related to a patient’s health status. It is important to understand these requirements to ensure that PHI is protected from unauthorized disclosures.

Introduction

HIPAA regulations dictate that healthcare providers must obtain a patient’s written consent or authorization before disclosing their PHI. The regulations also stipulate the circumstances under which explicit consent must be given and the situations under which limited consent is required. This article aims to inform healthcare providers and their staff about what actions they need to take to comply with HIPAA regulations.

Disclosure of PHI

Disclosures can include the use of a patient’s PHI for payment, treatment, or healthcare operations. The definition of these terms is quite broad, so it’s important to understand how these apply to your specific practice. You should obtain a patient’s authorization before disclosing their PHI for any other purpose not covered under these terms.

When Authorization Must be Obtained

While HIPAA permits the use of PHI for various purposes, obtaining a patient’s explicit consent is an important aspect of HIPAA requirements. In some situations, HIPAA regulations require specific authorization to be obtained before disclosure of PHI. These can include:

1. Psychotherapy notes

Psychotherapy notes are notes taken by a mental health provider about a patient during a counseling session. They do not include treatment summary notes or progress notes that would be found in a medical record. According to HIPAA, a patient’s written authorization must be obtained before using or releasing psychotherapy notes.

2. Substance Use Disorder Information

HIPAA categorizes substance use disorder information as part of a patient’s PHI. The regulation states that written authorization must be obtained before disclosing information related to substance use disorder. However, there are some exceptions. For example, the patient’s own use of the substance does not require written authorization.

3. Employment Records

Employment records can contain some aspects of a patient’s medical history. HIPAA regulations do not require specific authorization to be obtained before using these records as long as they are used for employment-related purposes.

Conclusion

HIPAA regulations require healthcare providers to protect PHI from unauthorized disclosures. While HIPAA permits the use of PHI for various purposes, obtaining a patient’s explicit consent is an important aspect of HIPAA requirements. Specific authorization is required for psychotherapy notes and substance use disorder information, while employment records can be used for employment-related purposes without explicit consent. By understanding these requirements, healthcare providers can ensure that patient privacy is protected.