HIPAA Requirements for Patient Consent

HIPAA stands for the Health Insurance Portability and Accountability Act, which was created to ensure certain rights as well as protect patient privacy and confidentiality, according to the U.S. Department of Health and Human Services. The act offers a variety of guidelines regarding health insurance coverage and privacy and security regulations, protects patients' personal information against public dissemination and gives rights to individuals when it comes to their medical care. One of the regulations defined in HIPAA is that patients must give consent for medical treatment, procedures or surgeries. Knowing the requirements for patient consent helps protect both health care providers and patients.

Different Types of Consent Forms

• Under HIPAA, patients must give consent for treatment. A variety of consent forms are required under this regulation, including consent to be admitted into a hospital or care facility, as well as consent for any type of procedure or treatment. This consent verifies that you have been fully informed regarding the benefits and risks of any procedure or treatment and understand them. Various forms may include a minor's assent form, blood draw consent form, and tissue bank consent forms.

Disclosure

• HIPPA requires that consent forms describe any forms of information that the specific facility may use or disclose, according to Direct Marketing Association. This information needs to include who or what organizations will be able to request your private patient information, such as third-party payers, hospital staff, medical research organizations and so forth. The consent form must also state what the information may be used for.

Expiration Date

• Any information that you give permission to be released to various entities must also be limited by an expiration date or time period. However, at any time, you may revoke permission for any entity to view your consent form or private medical records, treatments or procedures for which the consent form has been signed. All consent forms must be signed and dated by you to be considered legally valid.

Penalties

• The consent form must also inform you, under HIPAA guidelines, that you will in no way be penalized if you choose not to give authorization to any entity other than the physicians and health staff treating you during a medical visit. However, in many situations, your private information, including treatments, is required for reimbursement by third-party payers such as your health insurance company.