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Commonly Asked Questions about Medical Consent Forms

HIPAA stipulates that there has to be a written authorization for every use or disclosure of PHI not required or permitted by the Privacy Rule. In addition, the retraction of HIPAA authorization also has to be written.
Answer: Informed consent is required under federal research regulations for the protection of human subjects. The HIPAA Privacy rule, a different regulation, separately requires that patients give written Authorization before a covered entity may use or disclose patients protected health information for research.
The consent form must be accompa- nied by a Privacy Notice; 2. HIPAA consent must be separate from the normal informed consent for treatment; 3. The consent must be in plain lan- guage and signed by the patient; and 4. The patient may revoke that consent at any time.
Drafting tips for preparing consent forms: Use words familiar to the non-medical reader. If possible, keep words to 3 syllables or fewer. Write short, simple, and direct sentences. Keep paragraphs short and limited to one idea. Use active verbs.
Under the HIPAA privacy rule, your practice must obtain patient authorization to use patients protected health information (PHI) for reasons other than routine treatment, payment or health care operations, including: To disclose PHI about a patient to a third party (i.e., a life insurance underwriter);
The following are the required elements for documentation of the informed consent discussion: (1) the nature of the procedure, (2) the risks and benefits and the procedure, (3) reasonable alternatives, (4) risks and benefits of alternatives, and (5) assessment of the patients understanding of elements 1 through 4.
If you prefer to write your own consent document, you may do so, but be sure to include all required elements of informed consent.
There are various types of consent, including explicit consent, implied consent, opt-in consent, and opt-out consent.