Release of information Definition | Law Insider (2024)

FAQs

What is the legal definition of release of information? ›

What Is a Release of Information? A release of information is a document that gives a consumer the opportunity to decide what material they want released from their medical file, who they want it delivered to, how long the data can be issued, and under what statutes and guidelines it is released.

By signing an authorization to release information, a party is consenting to provide another party with access to otherwise confidential information or records about an individual. However, signing a release doesn't mean the complete loss of confidentiality because most authorization forms are subject to limitations.

Answer: Internal discussions about patient cases do not require a patient authorization because this is an exception – a use or disclosure for health care operations.

Authorization for release of information means the form prescribed by the agency for the purpose of authorizing the release of a confidential record, signed and dated by the person empowered to release the information.

A HIPAA-compliant HIPAA release form must, at the very least, contain the following information: A description of the information that will be used/disclosed. The purpose for which the information will be disclosed. The name of the person or entity to whom the information will be disclosed.

A specific description of the information to be used or disclosed, including the dates of service. The purpose of the requested use and disclosure. The expiration date or event.

A covered entity is permitted, but not required, to use and disclose protected health information, without an individual's authorization, for the following purposes or situations: (1) To the Individual (unless required for access or accounting of disclosures); (2) Treatment, Payment, and Health Care Operations; (3) ...

How long is a release of information good for? ›

A stand alone Medical Records Release and Authorization to Use and Disclose Health Information Form will state that this authorization does not have an expiration date (unless superceded by state or local laws).

If requested by an individual, a covered entity must transmit an individual's PHI directly to another person or entity designated by the individual. The individual's request must be in writing, signed by the individual, and clearly identify the designated person or entity and where to send the PHI.

In summary, while both authorization and release forms involve the granting of permission or permission waivers, authorization forms grant permission to perform a specific action while release forms waive legal liability for a specific action.

What information must be on the authorization form for the release of patient information? The authorization form must identify the purpose or need for the information, the extent of the information that may be released, any limits of authorization, date, and signature of patient consent.

The core elements of a valid authorization include: A meaningful description of the information to be disclosed. The name of the individual or the name of the person authorized to make the requested disclosure. The name or other identification of the recipient of the information.

Your health information cannot be used or shared without your written permission unless this law allows it. For example, without your authorization, your provider generally cannot: Give your information to your employer. Use or share your information for marketing or advertising purposes or sell your information.

The ROI form gives the healthcare organization — like a hospital — the authority to release a specific portion of your medical record. When the healthcare organization receives the ROI request, the ROI department immediately records it. They also check whether or not the authorization is valid.

A Privacy Rule Authorization is an individual's signed permission to allow a covered entity to use or disclose the individual's protected health information (PHI) that is described in the Authorization for the purpose(s) and to the recipient(s) stated in the Authorization.