Authorize your doctor to share medical information: HIPAA Authorization Form

In this case, it is not a matter of what is most often included, but rather what must be included. Releases may be found non-compliant if not completed correctly, potentially causing problems for patients and medical providers. While you should consult a lawyer about the specifics of your HIPAA Release Form, you'll want to include at least the following:

• The name of the person or entity allowed to disclose medical information.
• The name of the person or medical group who may receive the information.
• A specific description of the information to be (or not to be) shared.
• The reason the information needs to be shared, or simply the statement “at the request of the individual.”
• The period during which the authorization is valid.
• Statements about the patient's right to revoke the authorization.
• Signatures and the date of signing.

More detailed information can also be included, such as specific names of those allowed to receive medical information and exact details on what can be disclosed.

In most cases, your information can be shared with other providers to facilitate treatment or with payers (such as your health insurance company). If your medical provider asks you to sign a release, you'll want to carefully review the details of the HIPAA Authorization Form before signing. Often, releases are written broadly, naming an entire company or group of people rather than specific individuals. This helps the medical provider stay in compliance more easily.

Protected health information is any information created or received by care providers, health plans, life insurance companies, public health authorities, employers, educational institutions, or healthcare clearinghouses in any form, including oral or electronic. This includes past, current, and future physical or mental health data and personally identifying information. As with most legal topics, there are exceptions. For example, you may consent to allow research groups to use your information, such as gender, age, or demographics, with the agreement that they do not reveal identifiable information such as birth date, contact details, or biometric identifiers.

If you need to report that a covered entity violated your patient privacy by sharing health information, you can file a complaint with the Office for Civil Rights (OCR). You may also file a complaint on behalf of your organization or another person. “Covered entities” include health plan providers, healthcare clearinghouses, and healthcare providers who conduct a portion of their business electronically using a HIPAA-covered transaction.

Basically, consent is not required, while authorization is required. Consent is not needed for the sharing of information for treatment or payment per the HIPAA Privacy Rule. Authorization is needed to disclose information not permitted under the Privacy Rule. For example, authorization is required for sharing information with marketers or researchers. The HIPAA Privacy Rule is designed to protect medical and other types of personal health information. It also gives patients the right to obtain copies of their own health information.

If you work as a healthcare provider and need to report an internal violation, your organization will most often have procedures for handling complaints. Usually, an internal investigation is conducted first to determine whether the reported violation is valid and reportable under the HIPAA Breach Notification Rule. Employees or care providers can also file complaints directly with the OCR. Notifications should be sent without delay, usually within 60 days.

While you can release specific information to an individual, in most cases, you'll want to use a different type of form (and not a HIPAA Authorization Form) to provide ongoing legal rights. For example, you may want your babysitter to have the right to consent to care for your child, or you may want to make an Advance Directive to carry out your end-of-life wishes.

Here are some other related legal documents:

• Advance Directive: This document allows you to define your healthcare wishes should you become incapacitated. It can include what kind of care you consent to, such as limitations on long-term artificial life support. If you are a donor, it defines the restrictions on how you want your tissues or organs to be used.
• Medical Records Request: This form helps you request your records from providers if you are moving or changing providers.
• Medical Authorization for Minors: This form allows you to provide temporary and limited consent to a care provider for your child. This authorization helps ensure your child receives medical attention if you are not available.