HIPAA Release Forms Explained
Ever had a patient ask, “Do I really need to sign this?” when handing them a HIPAA release form? You’re not alone! These forms play an important role in protecting patient information while allowing healthcare providers to share necessary details with authorized parties.
Whether you're new to handling HIPAA release forms or just need a refresher, this article will break down the purpose of HIPAA release forms, when they are used, and what to include in them.
What Is HIPAA?
HIPAA, or the Health Insurance Portability and Accountability Act, is a federal law that safeguards patients' health information and grants them specific rights.
Before HIPAA was passed, health insurance operated by a complicated mix of state and federal laws. Even though HIPAA was designed to reform the insurance industry, the goals of greater accountability and portability would have come at a considerable cost to the insurance business. To address this issue, Congress expanded HIPAA to limit fraud and abuse while also improving efficiency by simplifying healthcare claim administration.
Now, HIPAA protects patients' medical records and protected health information (PHI), allowing for controlled access and updates. HIPAA creates industry-wide standards for health care information. It controls health insurance policies, restricts benefits for preexisting conditions, and lessens healthcare fraud and abuse.
What Is a HIPAA Release Form?
To understand a HIPAA release form, you first have to understand the HIPAA Privacy Rule. The Privacy Rule establishes how, when, and under what conditions PHI may be used and released. It also includes regulations that provide people more control over the use and disclosure of their health information.
The Privacy Rule limits the use of patient information where the patient has not provided prior authorization. It also requires patients and their representatives to be able to receive a copy of their health records and request repairs for any inaccuracies.
Before a health provider can use or disclose a patient's protected health information (PHI), the patient must sign a HIPAA release form, sometimes called a HIPAA authorization form. PHI may be shared for purposes of treatment, payment, and healthcare operations under HIPAA.
A person agrees to allow a HIPAA-covered organization to use their patient's PHI for uses that the HIPAA privacy rule would not otherwise allow when they sign a HIPAA authorization form.
HIPAA compliance requires patients to obtain a signed HIPAA release form before sharing their protected health information with others, except for routine disclosures permitted by the HIPAA Privacy Rule. Releasing medical records without a HIPAA authorization form is a violation of HIPAA rules.
What Are the Key Components of the HIPAA Release Form?
When presenting your HIPAA release form, there are a few key components you must include.
First, HIPAA regulations require that any communications with patients on their legal rights be expressed in plain English. This means that the content must be free of technical jargon that is hard to understand and uses accessible language. HIPAA regulations require that the HIPAA release form be made available for patients to read and evaluate prior to getting their signature and authorization.
Below are some of the barebones essentials that your HIPAA release form should include:
- You should specify what sort of PHI will be shared or exposed
- You should explain why you are disclosing this PHI
- You should specify the entity or individuals with whom PHI will be shared
- A patient's consent for the disclosure they are approving will expire on a specific date
All of the requirements listed above must be accompanied by a patient's dated signature. If a patient authorizes a representative to sign on their behalf, you must get a description of their relationship to the patient as well as documentation of their permission to act on the patient's behalf.
It is also important to provide material teaching the patient about their rights in terms of authorization for disclosures. HIPAA waiver papers should include the patient's right to revoke authorization for disclosures, as well as procedures for doing so.
- Exceptions to the patient's right to rescind authorization.
- Any relevant information about removing authorization for disclosures can be found in your Notice of Privacy Practices.
- The provider cannot retaliate against the patient for failing to sign the permission.
If a patient's PHI is shared with a third party with their permission, the third party may redisclose that information. If the third party exposes the PHI, it is no longer covered by the HIPAA Privacy Rule.
When Are HIPAA Release Forms Required?
Nurses, physicians, lab technicians, hospitals, and other healthcare providers who follow HIPAA compliance are prohibited from using or disclosing PHI without the patient's consent in order to treat them under the HIPAA privacy rule. Providers are permitted to use PHI for purposes other than treatment with a HIPAA authorization form. The patient may withdraw this consent at any moment and is not obliged to sign it.
Signing a HIPAA authorization form allows a healthcare agent to question a doctor about charges on a bill, provide PHI to an attorney for an accident claim, and allow someone helping with medical bill payment to check their payment.
You remain safe even if someone gains access to your information. Healthcare providers only communicate information required to achieve the stated aim, adhering to the minimum necessary criteria.
How Can I Stay HIPAA-Compliant?
One of the best ways to stay HIPAA-compliant is through training. You can only benefit from HIPAA training. Our course will help you better understand your rights and responsibilities under HIPAA so you don’t get slapped with a hefty fine. Not to mention, HIPAA training helps stop violations before they happen, as well as breaches of PHI.
Our course teaches medical office staff about HIPAA compliance, including privacy, security, enforcement laws, and any recent updates. Check out our HIPAA for Medical Office Staff and get started today!
