AUTHORIZATION TO DISCLOSE INFORMATION 5 - ND 2025

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Voluntary: Consent is optional, and patients can choose to provide or withhold it. In contrast, authorization is mandatory for certain activities. Specificity: Authorization requires detailed information, including the exact nature of the disclosure and who will receive it, making it more specific than consent.
An authorization is a detailed document that gives covered entities permission to use protected health information for specified purposes, which are generally other than treatment, payment, or health care operations, or to disclose protected health information to a third party specified by the individual.
A Privacy Rule Authorization is an individuals signed permission to allow a covered entity to use or disclose the individuals protected health information (PHI) that is described in the Authorization for the purpose(s) and to the recipient(s) stated in the Authorization.
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Authorizations are generally required for psychotherapy notes, substance abuse disorder and treatment records, and for marketing purposes.
By contrast, an authorization of release of PHI (as opposed to consent) is required by the Privacy Rule for uses and disclosures of protected health information not otherwise allowed by the Rule. The patient must provide the authorization of release of PHI to the covered entity.
A HIPAA-compliant HIPAA release form must, at the very least, contain the following information: A description of the information that will be used/disclosed. The purpose for which the information will be disclosed. The name of the person or entity to whom the information will be disclosed.

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