Refer to the following sections of the HIPAA privacy regulations for information regarding consents and authorizations
of PHI under the rule.
You may view the regulations on line by accessing http://www.hhs.gov/ocr/hipaa/
You may also view the regulations on line by accessing the web site of the law firm of Bricker & Eckler, LLP at
http://www.bricker.com. This web site is made available by
the Ohio Hospital Association. Access the web site directly to perform a search of any portion of the HIPAA regulation,
complete with comments and responses. The following are links excerpted from the Bricker & Eckler site regarding consents
and authorizations for use and disclosure issues:
Section 160.103 - Healthcare
Section 164.501 - Individual
Section 164.501 - Health Oversight Agency
Section 164.501 - Healthcare Operations
Discussion of the proposed revisions of the final HIPAA Privacy Regulations, 3-2002
Relationships with other mandatory federal or state laws
Section 164.502(a) - Use & Disclosure for treatment, payment, and healthcare operations
Minimum Necessary
Section 164.502(g) - Personal Representatives
Section 164.506 - Introduction to Consent
Section 164.506(a) - Consent Requirements
Section 164.506(b) - Consent General Requirements
Section 164.506(c) - Consent Content Requirements
Section 164.506(d) - Defective Consents
Section 164.506(e) - Conflicting Consents and Authorizations
Section 164.506(f) - Joint Consents
Section 164.508(a) - Authorization for Uses & Disclosures
Section 164.508(b) - General Requirements for Authorizations
Section 164.508(c) - Core Elements & Requirements
Section 164.508(d) - Authorization Requested by a Covered Entity for its Own Uses & Disclosures
Section 164.508(e) - Authorization Requested by a Covered Entity for Disclosures by Others
Section 164.508(f) - Authorizations for Uses & Disclosures of Protected Health Information Created for Research
that Includes Treatment of the Individual
Section 164.510 - Uses & Disclosures Requiring an Opportunity of an Individual to Agree or Object
Section 164.512 - General Rule for Use Not Requiring Consents
Section 164.512(e) - Disclosures for Judicial & Administrative Proceedings
Section 164.512(f) - Disclosures for Law Enforcement Purposes
Section 164.512(i) - Uses & Disclosures for Research Purposes
Section 164.514(e) - Marketing
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Section II: Office of Civil Rights
The Office of Civil Rights within Health & Human Services has been given the
responsibility to receive complaints about possible violations of the HIPAA
privacy regulations.
The HHS has issued “guidance” to hospitals, physicians, and health plans to help them understand their obligations to
patients under HIPAA. The “Guidance” can be accessed at the following Web site.
http://www.hhs.gov/ocr/hipaa/
Consult this Web site routinely for updates to the Guidance. To view the entire Guidance issued 01/18/02, go to http://www.hhs.gov/ocr/hipaa/finalmaster.html.
The following is an excerpt from the 01/18/02 Guidance relating to the Privacy of Individually Identifiable Health Information regarding
consents. OCR January 2002 Guidance Document
Section III: Web sites of interest
Workgroup for Electronic Interchange - WEDI:
http://www.wedi.org
http://www.wedi.org/snip/presentations/SNIP_Forum/Guide_010801a.pdf
(42 page document from WEDI, Beacon Partners – Health Care Management Consultants)
American Health Information Management Association - AHIMA:
http://www.ahima.org
The American Health Information Management Association web site contains useful information on a variety of HIPAA issues.
Consult this site periodically for updated information.
American Hospital Association - AHA:
http://www.aha.org
The AHA Web site contains useful information on a variety of HIPAA issues. Consult
this site periodically for updated information.Your facility must be a member of AHA to access certain pages of the
site.
HC Pro Website:
http://www.hcpro.com
This page of the HC Pro website addresses a wide variety of HIPAA issues.32
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Section IV: Model forms/checklists/educational materials provided by Nebraska health care
providers.
Journal of AHIMA Practice Brief: Required Content for Authorizations to Disclose
See the web site of the American Health Information Management Association
http://www.ahima.org/journal/pb/01.11.1.html to view this document.
Analysis by the AHIMA Policy & Government Relations Team: Final Rule for Standards for Individually Identifiable Health Information -
What the Rule Covers
http://www.ahima.org/dc/privacy.rule.8.html to view this document.
Journal of AHIMA Practice Brief: Consent for the Use or Disclosure of Individually Identifiable Health Information (Updated)
http://www.ahima.org/journal/pb/01.05.2.htm.
Journal of AHIMA: HIPAA on the Job - Forms and Documents for HIPAA Privacy
http://www.ahima.org/journal/features/feature.0105.2.html.
Sample Authorization and Revocation of Authorization - BryanLGH Health System
Medical Consents 101 - Examples of 'real life' situations
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