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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).
Under the HIPAA Privacy Rule, healthcare providers, health plans, business associates, and others involved in administration of healthcare, may not share a patients protected health information (PHI) without that patients written authorization.
Permitted Uses and Disclosures in HIPAA In general, a covered entity may only use or disclose PHI if either: (1) the HIPAA Privacy Rule specifically permits or requires it; or (2) the individual who is the subject of the information gives authorization in writing.
The HIPAA Privacy Rule expressly requires an authorization for uses or disclosures of protected health information for ALL marketing communications, except in two circumstances: When the communication occurs in a face-to-face encounter between the covered entity and the individual; or.
Authorization. A covered entity must obtain the individuals written authorization for any use or disclosure of protected health information that is not for treatment, payment or health care operations or otherwise permitted or required by the Privacy Rule.
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HIPAA Authorization Defined A HIPAA authorization is consent obtained from an individual that permits a covered entity or business associate to use or disclose that individuals protected health information to someone else for a purpose that would otherwise not be permitted by the HIPAA Privacy Rule.

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