A HIPAA authorization to release information is a document that allows an individual’s health information to be used or disclosed to a third party specified by the individual. The Health Insurance Portability and Accountability Act (HIPAA) mandates that this authorization meet certain criteria to protect the privacy of the individual's health information.
Here are key elements of a HIPAA authorization:
- Specificity: The authorization must clearly specify the types of health information to be disclosed and the purposes for the disclosure. This prevents any general or unspecified use of health data.
- Parties Involved: It must clearly state who is authorized to make the disclosure and to whom the disclosure can be made.
- Expiration: The authorization should state an expiration date or event that relates to the individual or the purpose of the use or disclosure.
- Voluntary: It should be clear that signing the authorization is voluntary, and the individual understands that they may refuse to sign.
- Right to Revoke: The document should inform the individual of their right to revoke the authorization at any time, explaining how to do so.
- Redisclosure: It often includes a warning that information disclosed per the authorization may be subject to redisclosure by the recipient and no longer protected by HIPAA.
A HIPAA authorization is typically required for the release of medical information about an individual who is not able to give authorization directly themselves. This could be due to an accident or other medical emergency. This ensures that sensitive health information is handled properly, maintaining the privacy and rights of individuals. This document is a must have in any estate plan.
If you, a friend, or family member need help establishing or updating an estate plan, please reach out to our Intake Department at 760-448-2220 or at https://www.geigerlawoffice.com/contact.cfm. We have offices in San Diego County (Carlsbad) and Orange County (Laguna Niguel), but we assist can families throughout California as well.