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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).
You are required to use/disclose PHI when authorized or requested by the individual patient. Using PHI for purposes not specified by the rule requires covered entities to get patient authorization. Authorization must be obtained for any use/disclosure of PHI for marketing purposes.
The written request must contain: the covered entitys name, the patients name, the date of the event/time of treatment, and the reason for the request.
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.
An individuals personal representative (generally, a person with authority under State law to make health care decisions for the individual) also has the right to access PHI about the individual in a designated record set (as well as to direct the covered entity to transmit a copy of the PHI to a designated person or
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If the marketing involves financial remuneration, to the covered entity from a third party, the authorization must state that such remuneration is involved. A covered entity must obtain an authorization for any disclosure of protected health information which is a sale of protected health information.
Examples of disclosures that would require an individuals authorization include disclosures to a life insurer for coverage purposes, disclosures to an employer of the results of a pre-employment physical or lab test, or disclosures to a pharmaceutical firm for their own marketing purposes.
More generally, HIPAA allows the release of information without the patients authorization when, in the medical care providers best judgment, it is in the patients interest.

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