Authorization Form To Disclose Protected Health Information (Page 2 of 2) in pdf

IMPORTANT INFORMATION AbOUT THE AUTHORIZATION TO DISCLOSE PROTECTED HEALTH INFORMATION

Developed for Texas Health & Safety Code § 181.154(d)

effective June 2013

The Attorney General of Texas has adopted a standard Authorization to Disclose Protected Health Information in accordance with

Texas Health & Safety Code § 181.154(d). This form is intended for use in complying with the requirements of the Health Insur-

ance Portability and Accountability Act and Privacy Standards (HIPAA) and the Texas Medical Privacy Act (Texas Health & Safety

Code, Chapter 181). Covered Entities may use this form or any other form that complies with HIPAA, the Texas Medical

Privacy Act, and other applicable laws.

Covered entities, as that term is defined by HIPAA and Texas Health & Safety Code § 181.001, must obtain a signed authorization

from the individual or the individual’s legally authorized representative to electronically disclose that individual’s protected health

information. Authorization is not required for disclosures related to treatment, payment, health care operations, performing certain

insurance functions, or as may be otherwise authorized by law. (Tex. Health & Safety Code §§ 181.154(b),(c), § 241.153; 45

C.F.R. §§ 164.502(a)(1); 164.506, and 164.508).

The authorization provided by use of the form means that the organization, entity or person authorized can disclose, commu-

nicate, or send the named individual’s protected health information to the organization, entity or person identified on the form,

including through the use of any electronic means.

Definitions - In the form, the terms “treatment,” “healthcare operations,” “psychotherapy notes,” and “protected health informa-

tion” are as defined in HIPAA (45 CFR 164.501). “Legally authorized representative” as used in the form includes any person

authorized to act on behalf of another individual. (Tex. Occ. Code § 151.002(6); Tex. Health & Safety Code §§ 166.164, 241.151;

and Tex. Probate Code § 3(aa)).

Health Information to be Released - If “All Health Information” is selected for release, health information includes, but is not lim-

ited to, all records and other information regarding health history, treatment, hospitalization, tests, and outpatient care, and also

educational records that may contain health information.

As indicated on the form, specific authorization is required for the release

of information about certain sensitive conditions, including:

• Mental health records (excluding “psychotherapy notes” as defined in HIPAA at 45 CFR 164.501).

• Drug, alcohol, or substance abuse records.

• Records or tests relating to HIV/AIDS.

• Genetic (inherited) diseases or tests (except as may be prohibited by 45 C.F.R. § 164.502).

Note on Release of Health Records - This form is not required for the permissible disclosure of an individual’s protected health

information to the individual or the individual’s legally authorized representative.

(45 C.F.R. §§ 164.502(a)(1)(i), 164.524; Tex.

Health & Safety Code §

181.102). If requesting a copy of the individual’s health records with this

form, state and federal law

allows such

access, unless such access is determined by the physician or mental health provider to be harmful to the individu-

al’s physical, mental or emotional health. (Tex. Health & Safety Code §§ 181.102, 611.0045(b); Tex. Occ. Code § 159.006(a); 45

C.F.R. § 164.502(a)(1)). If a healthcare provider is specified in the “Who Can Receive and Use The Health Information” section of

this form, then permission to receive protected health information also includes physicians, other health care providers (such as

nurses and medical staff) who are involved in the individual’s medical care at that entity’s facility or that person’s office, and health

care providers who are covering or on call for the specified person or organization, and staff members or agents (such as busi-

ness associates or qualified services organizations) who carry out activities and purposes permitted by law for that specified cov-

ered entity or person. If a covered entity other than a healthcare provider is specified, then permission to receive protected health

information also includes that organization’s staff or agents and subcontractors who carry out activities and purposes permitted by

this form for that organization. Individuals may be entitled to restrict certain disclosures of protected health information related to

services paid for in full by the individual (45 C.F.R. § 164.522(a)(1)(vi)).

Authorizations for Sale or Marketing Purposes - If this authorization is being made for sale or marketing purposes and the cov-

ered entity will receive direct or indirect remuneration from a third party in connection with the use or disclosure of the individual’s

information for marketing, the authorization must clearly indicate to the individual that such remuneration is involved. (Tex. Health &

Safety Code §181.152, .153; 45 C.F.R. § 164.508(a)(3), (4)).

Limitations of this form - This authorization form shall not be used for the disclosure of

Charges - Some covered entities may

any health information as it relates to: (1) health benefits plan enrollment and/or related

charge a retrieval/processing fee and

enrollment determinations (45 C.F.R. § 164.508(b)(4)(ii), .508(c)(2)(ii); (2) psychotherapy

for copies of medical records.

notes (45 C.F.R. § 164.508(b)(3)(ii); or for research purposes (45 C.F.R. § 164.508(b)(3)(i)).

(Tex. Health & Safety Code § 241.154).

Use of this form does not exempt any entity from compliance with applicable federal

or state laws or regulations regarding access, use or disclosure of health informa-

Right to Receive Copy - The

tion or other sensitive personal information (e.g., 42 CFR Part 2, restricting use of

individual and/or the individual’s legally

information pertaining to drug/alcohol abuse and treatment), and does not entitle

authorized representative has a right to

an entity or its employees, agents or assigns to any limitation of liability for acts or

receive a copy of this authorization.

omissions in connection with the access, use, or disclosure of health information

obtained through use of the form.

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Authorization Form To Disclose Protected Health Information Page 2

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