HIPAA Authorization

A provider of health care, health care service plan or contractor shall not disclose medical information about a patient without first obtaining an authorization, except for the compelled disclosures in subdivision (b)…

Definitions for the patient-access chapter, listing the licensed facilities, clinics, agencies and practitioners that are "health care providers" and defining "patient records" and "patient's representative".

An adult patient, a minor authorized to consent to the treatment, or the patient's personal representative may inspect patient records within five working days of a written request on payment of reasonable costs, and…

Text of the Health Care Decisions Law: unless the advance health care directive specifies otherwise, a person then authorized to make health care decisions for a patient has the same rights as the patient to request,…

Definitions for the Confidentiality of Medical Information Act, including "authorization" (permission granted under section 56.11 or 56.21), "authorized recipient", "medical information" and "provider of health care".

Text of the state authorization requirements: the authorization must be handwritten or in type no smaller than 14 point, clearly separate from other language and executed by a signature serving no other purpose, signed…

A recipient of medical information under an authorization or under section 56.10(c) may not further disclose it except under a new authorization meeting section 56.11 or as specifically required or permitted by law.

A person who could sign the authorization may cancel or modify it, but the cancellation or modification is effective only after the provider actually receives written notice. Read it with 45 C.F.R.

Connecticut rule that a copy of a patient's health record, including x-rays, laboratory reports and prescriptions, must be furnished to another provider on the patient's written request naming the receiving provider,…

Definitions for Connecticut's psychiatric-records privilege: an authorized representative is a person the patient empowers to assert confidentiality, the personal representative or next of kin of a deceased patient, or…

Connecticut physician-patient confidentiality rule for civil, probate, legislative and administrative proceedings: a licensed physician, surgeon or other licensed health care provider may not disclose a patient's…

Connecticut rule that a licensed institution must furnish a copy of a patient's health record, including bills, laboratory reports, prescriptions and other technical information, on the written request of the patient,…

Connecticut rule that a provider must supply a patient on request with complete and current information about diagnosis, treatment and prognosis, notify the patient of test results, and, on the written request of the…

THE FORM TO USE. One document carrying health care instructions, the appointment of a health care representative, the designation of a conservator for future incapacity, and an anatomical gift.

List of situations in which Connecticut psychiatric communications or records may be disclosed without the patient's consent: to other persons engaged in diagnosis or treatment, on transfer to another mental health…

Connecticut rule that psychiatric communications and records are confidential and, apart from the exceptions in sections 52-146f to 52-146i, may not be disclosed or transmitted in identifying form without the consent of…

Delaware rule that protected health information held under the subchapter is not public information and may not be disclosed without the informed consent of the individual or the individual's lawful representative…

Delaware: section 2508 requires the health care power to be in a record signed by the individual and an adult witness.

Delaware patients' rights statute for mental health hospitals and residential centers: among the posted rights, no information reported to the Department and no clinical records maintained with respect to patients are…

Definitions for Delaware's subchapter on protected health information held by the Department of Health and Social Services and the review commissions it names: informed consent means a written authorization on a form…

The Act's defined terms, including advance health-care directive, agent, health-care instruction and surrogate. Delaware combines the instruction and the appointment into one ADVANCE HEALTH-CARE DIRECTIVE;

District of Columbia definitions for the Mental Health Information Act, including administrative information, client, client representative (a person authorized in writing by the client or by the court), data collector,…

District of Columbia text: except as subchapters II, III or IV authorize, no mental health professional, facility, data collector or their employees or agents may disclose mental health information to any person,…

District of Columbia: section 21-2205 requires a dated health care power signed by the principal and two adult witnesses who affirm sound mind and freedom from duress.

Defines terms for the Health-Care Decisions chapter, including attorney in fact as the person receiving health-care decision authority, incapacitated individual, and durable power of attorney for health care as…

Gives the health-care attorney in fact authority to consent to, refuse, or withdraw treatment, access records, and make provider and facility decisions, requiring the agent to follow the principal's expressed wishes or,…

District of Columbia text: except as § 7-1202.06 provides, a mental health professional, facility or data collector must disclose mental health information on the voluntary written authorization of the persons who have…

District of Columbia text on the required contents of a written authorization for mental health information: it must specify the nature of the information, the persons authorized to disclose it, the recipient and the…

District of Columbia text: the person who authorized a disclosure may revoke it by written revocation to the named recipient and to the disclosing professional, facility or data collector, effective on receipt, after…

District of Columbia text: a client aged 18 or over, or the client representative, may authorize disclosure; a client between 14 and 18 authorizes jointly with a parent or guardian;

District of Columbia text: mental health information disclosed under the subchapter cannot be further disclosed by the recipient without a new authorization under § 7-1202.01.

Florida text defining the records owner, requiring copies of records to be furnished to the patient or legal representative on request, and stating that records may not be furnished to or discussed with anyone other…

Florida text requiring a licensed facility, on written request after discharge, to furnish copies of patient records to the patient, guardian, curator, personal representative, next of kin of a decedent, parent of a…

Florida text making a mental health clinical record confidential and exempt from public records law, stating that its confidential status is not lost by disclosure unless waived by the express and informed consent of…

The advance directive chapter's defined terms, including health care surrogate, end-stage condition, persistent vegetative state and terminal condition. Those three conditions are the triggers for a living will;

Florida: a surrogate designation under section 765.202 is signed in the presence of two subscribing adult witnesses; a principal unable to sign may direct another to sign in the witnesses' presence.

Florida text on HIV testing, defining health care setting, HIV test and HIV test result and going on to the consent, notification and confidentiality rules for test results.

Florida text guaranteeing the rights of individuals receiving substance abuse services, beginning with individual dignity and continuing through the further rights the section lists, including the confidentiality of…

Subsection (1) states surrogate responsibilities in accordance with the principal's instructions unless the principal expressly limits that authority.

Maryland definitions for the Confidentiality of Medical Records Act, including common ownership, directory information, health care provider, medical record, person in interest and the other terms §§ 4-302 to 4-309 use.

Maryland patient-access rule: a provider must comply within a reasonable time with a person in interest's written request to receive a copy of, or to see and copy, the medical record, subject to the psychiatric-record…

Maryland text: a health care provider must keep a patient's medical record confidential and disclose it only as the subtitle or other law provides, with the exclusions for administrative, risk-management and peer-review…

Maryland list of disclosures a provider must make without authorization, including to government units investigating abuse or neglect and in response to compulsory process (a subpoena, summons, warrant or court order)…

Maryland rules specific to mental health records, with definitions for case management, core service agency and the other terms, and the disclosure rules that apply to those records in addition to the general subtitle.

Maryland text on the authorization a release must satisfy: it must be in writing, dated and signed by the person in interest, name the provider, identify the recipient, and state a validity period not exceeding one year…

Maryland text: a provider that knowingly refuses to disclose a record within a reasonable time, and no more than 21 working days after a person in interest's request, is liable for actual damages, may not refuse for…

Defines advance directive to include a witnessed written or electronic document, a witnessed oral statement and, in limited circumstances, an unwitnessed electronic video record, along with health care agent, surrogate,…

Where a patient certified incapable has appointed no agent, or the agent is unavailable as the section defines that term, decisions pass down a ranked list beginning with a court-appointed guardian, then the spouse or…

Massachusetts provider-records rule: a health care provider who keeps records for a patient must permit inspection by the patient or an authorized representative and furnish a copy on request for a reasonable fee as…

Massachusetts mental health records rule: department records of admission, treatment and review are private and not open to public inspection except on judicial order, on request by the patient's attorney, when the…

Massachusetts hospital-records statute: licensed or state-supported hospitals and clinics must keep treatment records, may keep them in the media the section allows, may destroy them only after the retention period and…

Massachusetts HIV confidentiality rule: a facility, physician or health care provider may not test without verbal informed consent, disclose results or identify the subject without the subject's written informed…

The agent may make any health care decision the principal could make, subject to any limits stated in the proxy and to the section's rules on life-sustaining treatment.

Massachusetts patients' and residents' rights statute for the facilities it defines: every patient has, among the listed rights, the right to confidentiality of all records and communications to the extent provided by…

A person licensed in a health care profession regulated by the State Board of Medical Examiners must provide copies of professional treatment and billing records, including records from other providers that are part of…

Once it is determined that the patient lacks decision making capacity, the health care representative has authority to make health care decisions, acting in good faith and within the bounds of the directive and the act,…

Text listing the rights of every person admitted to a licensed general hospital, including the right to confidentiality of all records pertaining to the patient's treatment, except as otherwise provided by law or…

Text placing the confidential relations and communications between a licensed practicing psychologist and individuals, couples, families or groups on the same basis as those between attorney and client, with stated…

On the written request of a competent patient, a parent or guardian of an infant, an article 81 guardian or a conservator, a physician or hospital must release copies of x-rays, medical records and test records to…

New York statute on patient access: on a qualified person's written request a health care provider must allow inspection of patient information within ten days and furnish copies for a reasonable charge, subject to the…

Definitions for article 27-F: a "release of confidential HIV related information" is a written authorization signed by the protected individual (or a person authorized to consent to the individual's care), dated,…

Text on mental hygiene clinical records: facilities licensed or operated by the Office of Mental Health or OPWDD keep a clinical record for each patient, and information tending to identify patients is not a public…

Text on a patient's access to mental hygiene clinical records: on a written request by a qualified person (the patient, certain guardians, a parent of an infant, and family members in listed circumstances) a facility…

Text of the HIV confidentiality rule: a person who obtains confidential HIV related information in providing a health or social service may disclose it only to the listed recipients, including the protected individual…

The agent may make any health care decision the principal could make, after consultation with a physician or other listed practitioner, in accordance with the principal's wishes including religious and moral beliefs, or…

Text of the physician-patient privilege: unless the patient waives it, a physician, nurse, dentist, podiatrist or chiropractor may not disclose information acquired in attending a patient that was necessary to act in…

The defined terms for Ohio's health care power of attorney. Ohio keeps the health care power in chapter 1337 alongside the financial one but executes it differently; do not assume one set of formalities covers both.

What the health care attorney in fact may decide, including the specific conditions the section imposes before life-sustaining treatment may be withheld or withdrawn, and the express statement required for nutrition and…

Ohio text defining the providers and records it covers and stating that a patient, personal representative or authorized person who wishes to examine or copy a medical record submits a signed written request dated not…

Ohio text prohibiting a covered entity from using or disclosing protected health information without an authorization valid under 45 C.F.R. 164.508 and, where applicable, 42 C.F.R.

Ohio text stating that a health care provider or medical records company that receives a request for a copy of a patient's medical record may charge no more than the amounts the section sets, with cost-based limits for…

Ohio text defining the terms of the protected health information chapter by reference to the federal HIPAA regulations, including "covered entity", "disclosure", "protected health information" and "designated record…

Ohio text stating the general assembly's intent that Ohio law on the use and disclosure of protected health information by covered entities be consistent with, but generally not more stringent than, the HIPAA privacy…

Ohio text requiring a covered entity that maintains an individual's protected health information in a designated record set to give the individual or the individual's personal representative access consistent with 45…

Ohio text stating that certificates, applications, records and reports made under the mental health chapter that identify a patient or person whose hospitalization was sought are confidential and may be disclosed only…

The agent may make any health care decision the principal could make, including admission to a facility, and the authority can extend past death to anatomical gifts, disposition of remains and consenting to autopsy.

Where there is no health care power of attorney or no available agent, a health care representative from the statutory class may decide, in the order and on the conditions given.

Text of the whole act, published as one page. Section 111 (50 P.S. § 7111) provides that all documents concerning persons in treatment are confidential and, without the person's written consent, may not be released or…

Regulation text for hospitals: all records are confidential, only authorized personnel have access, and the written authorization of the patient must be presented and then kept in the original record as authority for…

Text of the whole act. Section 7 (35 P.S. § 7607) bars a person who obtains confidential HIV-related information in the course of providing a health or social service, or under a release, from disclosing it except to…

Regulation text: patients or patient designees must be given access to or a copy of their medical records under § 103.22(b)(15);

A patient or the patient's designee, including an attorney, has the right of access to the patient's medical charts and records and to photocopies without a subpoena, at a fee no greater than the amounts in §…

Text of the whole act. Section 8 (71 P.S. § 1690.108) provides that patient records prepared or obtained under the act, including commitment records, may not be disclosed without the patient's consent except to medical…

Texas text requiring a covered entity to give notice that an individual's protected health information is subject to electronic disclosure, and barring electronic disclosure to any person without a separate…

The Texas MEDICAL POWER OF ATTORNEY, a separate instrument from the financial durable power, and the agent's scope. Do not try to cover health care in the Estates Code power; the statutes are separate on purpose.

The medical power of attorney agent's right to receive the principal's medical information, which is what lets the agent act on real facts. Confirm the document grants it, and pair it with a HIPAA authorisation.

Texas text requiring a covered entity as defined by 45 C.F.R. 160.103 to comply with HIPAA and its privacy standards, and requiring a covered entity as defined by section 181.001 to comply with the chapter, subject to…

Texas text barring a hospital from disclosing a patient's health care information to anyone other than the patient or legally authorized representative without written authorization, and stating that an authorization is…

Texas text allowing a mental health professional to disclose confidential information only in the listed cases, including to a governmental agency where required by law, to medical or law enforcement personnel where…

Texas text requiring consent for release of confidential physician-patient information to be in writing and signed by the patient, a parent or guardian of a minor, a guardian of an incapacitated patient, an appointed…

Texas text giving the terms of the Medical Records Privacy Act the meanings assigned by HIPAA unless otherwise defined, and defining a covered entity broadly to include any person who assembles, collects, uses, stores…

Texas text defining, for hospital records, directory information, health care information as information recorded in any form that identifies a patient and relates to history, diagnosis, treatment or prognosis, health…

Texas text listing the disclosures a hospital may make without the patient's written authorization, beginning with directory information, disclosure to a treating provider, to an emergency medical services provider for…

Virginia health records privacy statute: it recognizes an individual's right of privacy in health records, requires disclosure to the individual on request, bars redisclosure beyond the purpose of the original…

An advance directive is either a witnessed written document voluntarily executed under § 54.1-2983 or a witnessed oral statement made under that section after the declarant is diagnosed with a terminal condition, made…

Virginia: a written advance directive is signed by the declarant in the presence of two subscribing witnesses under section 54.1-2983. Confirm the adult declarant's ability to make and communicate an informed decision;

Optional suggested statutory form. Select the client's choices explicitly; do not grant every optional power by default. Some powers over protest include separate physician or psychologist attestations.