Authorization for Protected Health Information (PHI) 2025

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An individual has a right to access PHI about themselves in a medical record or other designated record set maintained by a covered entity, regardless of the date the information was created or whether the information is maintained onsite, remotely, or is archived.
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.
Short Answer: Individuals generally must authorize any use or disclosure of their PHI that is not for treatment, payment, or health care operations. HIPAA authorizations must contain specific core elements and required statements to be valid.
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.
Any qualified person who may access records on behalf of a patient under State law is a personal representative with a right of access under federal law. Parents have a right of access to their childrens medical records under federal law to the same extent that they have that right under state law.
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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
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)
A patients Personal Representative is the person who has the authority, under California law, to make health care decisions on behalf of the patient. Although there are exceptions, in general a person who has the capacity to make his or her own health care decisions does not have a Personal Representative.

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