In special circumstances your confidential information can not be given out with permission. One key piece of the HIPAA privacy rule that helps protect your protected health information (PHI) is the requirement of an authorization or a waiver of authorization for the use and disclosure of your PHI/identifiable health information. To use psychotherapy notes or your information to market a product or service to you an authorization must be signed by you.
Authorization is not necessary for your treatment by your doctor or for the payment of the services your doctor has given you.
An authorization is necessary simply when you give permission to receive and share your PHI in these circumstances. By signing the authorization, you give that party permission to use and disclose your information.
Your BCBS Plan has a specific authorization form that they currently use. The authorization will typically include the following pieces of information:
- A description of what information will be used and disclosed for and why;
- A description of the information that will not be disclosed;
- A list of who will disclose the information;
- Who the information will be disclosed to;
- An expiration date for the disclosure;
- A notification that the authorization can be revoked;
- A statement that the disclosed information may be re-disclosed and is no longer protected; and
- A place for your signature and the date you signed the document.
In addition, you are also allowed to request how your information was disclosed. While you can request this information, keep in mind that no accounting is required for information covered under your signed authorization.
It is important to remember that your doctor or BCBS will not act on an authorization if:
- The expiration date has passed;
- The authorization form was not completely filled out;
- The authorization has been revoked; and
- Some information in the authorization is false.
You can also request to revoke your authorization, in writing. If you revoke your authorization, then your doctor or BCBS can not release any more information from the date of the revocation. Your doctor and BCBS must also make every effort to prevent the previously released information from being released after that revocation date.
Remember an authorization is not required for the sharing of information that is necessary to your medical care and payments for that care. In these cases, the information is shared to provide the medical care required and payments for that care.