Matt-
I'll take a stab at answering your question. Please remember that in an
effort to keep it relatively brief, this is a fairly simplistic, high-level
overview.
Under 42 C.F.R. Part 2 (which I'll refer to as the AOD (Alcohol and Other
Drugs)regs), disclosure within a program is allowed on a
Jill,
I'm
not sure how a provider could have them sign an authorization when they arrive
unless they already knew they would need one for a specific event. The regs say
the authorization must be for a specific event or time period. I'm not sure you
can get away with a blanket authorization.
Darrell,
Thank you very much for this wonderful comparison of the HIPAA regulations
to the signed-consent aspects of the AOD regulations (42 CFR part 2).
This is very helpful to many of us who work in SAMHSA-funded programs.
Best regards,
Matt
Matthew Rosenblum
Chief Operations Officer
-Original Message-
From: [EMAIL PROTECTED] [SMTP:[EMAIL PROTECTED]]
Sent: Monday, January 20, 2003 1:20 PM
To: WEDI SNIP Privacy Workgroup List
Subject:When to have the patient sign an authorization
How are providers in
In the situation you describe, it's pretty clear if you're the provider, you
are at risk since you're responsible to mitigate this type of situation:
I would:
A: Consult your policy and procedure manual regarding termination before the
employee is terminated.
Document the steps taken upon
I believe that HIPAA requires any authorization to expire either on a
specific date or at a specific event. An event expiration could in fact, be
upon the individual's demise. Unfortunately I don't have a specific cite
from the rag on this.
Rachel Foerster
Principal
Rachel Foerster Associates,
