Specific purposes that require an individual’s written authorization

Posted by Thomas Davon on

The Health Insurance Portability and Accountability Act (HIPAA) make provision for certain information that are not considered as Protected Health Information (PHI) to be used and disclosed by health care providers without the patient’s authorization. It also makes provision for some Protected Health Information (PHI) to be used and disclosed without the patient’s formal permission or permission at all depending on the circumstances at hand.

However, the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule stipulates some specific purposes that require a patient’s written authorization. These purposes are specific because of the sensitive nature of the information concerned.

 

These specific purposes include using or disclosing a psychotherapy note. Whenever there is need for the use or disclosure of a psychotherapy note, a Covered Entity must obtain a written permission from the individual. The Health Insurance Portability and Accountability Act (HIPAA)

However, makes some cases that the use of a Psychotherapy note may not require a written authorization from the individual. Such cases are: when a Covered Entity (CE) who made the notes needs to use the notes for treatment, when the CE who made the notes wants to use it for his own training or as evidence in any legal hearing, for purposes of investigation to confirm the CE’s compliance with the HIPAA Privacy Rule, to prevent an imminent danger to the patient or the public

    

Other cases that a written permission from the patient must be done include marketing activities, research and PHI sales and licensing. Whenever a Covered Entity (CE) or a Business Associate (BA) wants to use any patient’s Protected Health Information (PHI) for the purposes of marketing, research and PHI sales, there must be a written permission from the patient. Activities such as communication for treatment of the individual and communication for case management are not considered as marketing activities by the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule.

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