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HIPAA Authorization: What You Need to Know to Protect Your Medical Privacy

Learn about HIPAA Authorization forms, why they matter for your healthcare privacy, and how to use them effectively regardless of your family or financial situation.

Introduction

A HIPAA Authorization is a legal document that gives healthcare providers permission to share your protected health information with specific people or organizations. Unlike the basic HIPAA privacy notices you routinely sign at doctor's offices, a HIPAA Authorization provides you with control over who can access your medical information beyond your direct healthcare providers. Whether you're married with children, single, or have significant assets to protect, understanding how to use HIPAA Authorizations effectively is crucial for maintaining privacy while ensuring your loved ones can help during medical emergencies.

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Key Things to Know

  1. 1

    HIPAA Authorizations are revocable at any time—you can change your mind about who has access to your information.

  2. 2

    Without a HIPAA Authorization, healthcare providers may be legally prohibited from sharing your medical information, even with close family members.

  3. 3

    Consider updating your HIPAA Authorization after major life events such as marriage, divorce, or when children reach adulthood.

  4. 4

    Be specific about what information can be shared—you can exclude sensitive information like mental health records or genetic testing if desired.

  5. 5

    Keep copies of your signed HIPAA Authorization with your other important documents and provide copies to your designated representatives.

  6. 6

    A HIPAA Authorization works best when paired with other healthcare documents like an advance directive and healthcare power of attorney.

  7. 7

    Different healthcare systems may have their own HIPAA Authorization forms, so you may need to complete multiple forms for different providers.

Key decisions before you file

Before you file a HIPAA Authorization in North Dakota, a few decisions shape the document: which option to choose and what each one means. The HIPAA Authorization guide walks through them.

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North Dakota Requirements for HIPAA Authorization

  • Federal Authorization Requirements (45 CFR § 164.508(c))

    The HIPAA Authorization must be written in plain language and contain specific elements including a description of the information to be disclosed, the person authorized to make the disclosure, the person to whom the disclosure may be made, an expiration date, and a statement of the individual's right to revoke the authorization.

  • Core Elements of Authorization (45 CFR § 164.508(c)(1)(i))

    The authorization must include a description of the information to be used or disclosed that identifies the information in a specific and meaningful fashion.

  • Identification of Parties (45 CFR § 164.508(c)(1)(ii-iii))

    The authorization must identify the name or other specific identification of the person(s) or class of persons authorized to make the requested use or disclosure, and to whom the covered entity may make the requested use or disclosure.

  • Purpose of Disclosure (45 CFR § 164.508(c)(1)(iv))

    The authorization must include a description of each purpose of the requested use or disclosure. The statement 'at the request of the individual' is a sufficient description when an individual initiates the authorization and does not provide a statement of purpose.

  • Expiration Requirements (45 CFR § 164.508(c)(1)(v))

    The authorization must include an expiration date or expiration event that relates to the individual or the purpose of the use or disclosure.

  • Signature and Date (45 CFR § 164.508(c)(1)(vi))

    The authorization must be signed by the individual and dated. If signed by a personal representative, a description of the representative's authority to act for the individual must be provided.

  • Right to Revoke (45 CFR § 164.508(c)(2)(i))

    The authorization must include a statement of the individual's right to revoke the authorization in writing, and either the exceptions to the right to revoke and a description of how to revoke, or a reference to the covered entity's notice of privacy practices.

  • Re-disclosure Statement (45 CFR § 164.508(c)(2)(iii))

    The authorization must include a statement that information used or disclosed pursuant to the authorization may be subject to re-disclosure by the recipient and no longer protected by the Privacy Rule.

  • Prohibition on Conditioning (45 CFR § 164.508(c)(2)(ii))

    The authorization must include statements that the covered entity may not condition treatment, payment, enrollment, or eligibility for benefits on whether the individual signs the authorization, with specific exceptions.

  • Copy to Individual (45 CFR § 164.508(c)(4))

    The covered entity must provide the individual with a copy of the signed authorization.

  • North Dakota Health Information Disclosure (N.D.C.C. § 23-01.3)

    North Dakota law requires specific authorization for the disclosure of health information and recognizes the right of individuals to control access to their health information.

  • North Dakota Mental Health Records (N.D.C.C. § 25-03.1-43)

    Special provisions apply to the disclosure of mental health treatment records, requiring specific authorization for their release.

  • North Dakota Substance Abuse Records (N.D.C.C. § 50-06-15)

    North Dakota law provides additional protections for substance abuse treatment records, requiring specific authorization for their disclosure.

  • North Dakota HIV/AIDS Information (N.D.C.C. § 23-07.5-02)

    Disclosure of HIV/AIDS test results requires specific written consent under North Dakota law.

  • North Dakota Genetic Information (N.D.C.C. § 26.1-36.7-02)

    North Dakota law provides specific protections for genetic information and requires explicit authorization for its disclosure.

  • North Dakota Electronic Records (N.D.C.C. § 9-16-01)

    North Dakota's Uniform Electronic Transactions Act allows for electronic signatures on HIPAA authorizations, provided they comply with the requirements of the Act.

  • Minors' Health Information (N.D.C.C. § 14-10-17)

    Special provisions apply to the disclosure of health information for minors, including circumstances where minors can consent to their own treatment and control disclosure of their health information.

  • Psychotherapy Notes (45 CFR § 164.508(a)(2))

    A separate authorization is required for the use or disclosure of psychotherapy notes, with limited exceptions.

  • Marketing Provisions (45 CFR § 164.508(a)(3))

    If the authorization is for marketing purposes that involve financial remuneration, the authorization must state that such remuneration is involved.

  • Sale of PHI (45 CFR § 164.508(a)(4))

    An authorization for the sale of protected health information must state that the disclosure will result in remuneration to the covered entity.

Frequently Asked Questions