HIPAA rule (Section 164.508)
pertaining to the release of health information states that a valid
authorization for the release of patient information must be in plain language
and contain the following elements:
- A specific and
meaningful description of the information to be disclosed
- The name of the
covered entity (hospital) or individual authorized to make the disclosure
- The name of the
covered entity or person to whom the hospital or individual can make the
disclosure
- An expiration date or
event that relates to the individual or the purpose of the use or disclosure
- A statement of the
individual’s right to revoke the authorization in writing
- A statement about the
exception to the right to revoke
- A description of how
the individual may revoke the authorization
- A statement that
information used or disclosed pursuant to the authorization may be subject
to re-disclosure by the recipient and no longer be protected by the rule
- Signature of the
individual
- The date
- If the authorization
is signed by a personal representative of the individual, a description of
such representative’s authority to act for the indivual
The
authorization for release of information is not valid, according to the privacy
rule, if the authorization has any of the following defects:
- The expiration date or
event has passed
- The authorization has
not been filled out completely with respect to the required content listed
above
- The authorization is
known by the covered entity to have been revoked
- The authorization is a
prohibited type of compound authorization (must not be combined with any
other document or request)
- Any material
information in the authorization is known by the hospital to be false
Note:
This sample letter should not be used without review by your organization’s
legal counsel to ensure compliance with hospital policies and local and sate
regulations.