45 CFR164 508 - Uses and disclosures for which anGuidance on HIPAA and Individual Authorization of U 2025

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A covered entity is permitted, but not required, to use and disclose protected health information, without an individuals authorization, for the following purposes or situations: (1) To the Individual (unless required for access or accounting of disclosures); (2) Treatment, Payment, and Health Care Operations; (3)
The core elements of a valid authorization include: A meaningful description of the information to be disclosed. The name of the individual or the name of the person authorized to make the requested disclosure. The name or other identification of the recipient of the information.
The general rule is that any use or disclosure of PHI by a covered entity or business associate for another purpose requires the individuals valid HIPAA authorization. Employees or dependents generally need to authorize any use or disclosure of PHI that is not for treatment, payment, or health care operations.
The Health Insurance Portability and Accountability Act (HIPAA), in most instances, requires a patients written authorization prior to uses and disclosures of their protected health information (PHI).
When Must Patient Authorization be Obtained for Uses and Disclosures of PHI? Authorizations are generally required for psychotherapy notes, substance abuse disorder and treatment records, and for marketing purposes.
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All authorizations must be in plain language, and contain specific information regarding the information to be disclosed or used, the person(s) disclosing and receiving the information, expiration, right to revoke in writing, and other data.
In the cases when HIPAA requires authorization to disclose information, that authorization must include the core elements specified by HIPAA. This is necessary when disclosure of protected health information is not permitted by the HIPAA Privacy Rules.

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