How to Waive Your HIPAA Rights

The Health Information Portability and Accountability Act (HIPAA) describes, in detail, how a patient's health information can be used. Medical facilities must take great care to ensure that a person's privacy is a top priority. This is done, in part, by regulating how Protected Health Information (PHI) is used. PHI refers to diagnoses, treatments and demographics of a patient. Also, information can only be shared with covered entities, insurance companies or medical personnel directly involved in the patient's care. In some cases, a patient's privacy rights can be waived. Without a waiver, however, HIPAA rules must be strictly enforced.

Instructions

Waiving HIPAA

• 1

  Appoint a representative. Normally, HIPAA requires that a medical provider keep the facts about you, your health and your medical history private except for use by covered entities. You can waive this right, however, by appointing a representative with whom information can be shared. Some doctors' offices will ask you to fill out a form detailing the names and relationships of anyone with whom personal information can be discussed. The form might also ask if messages can be left on cell phones or home answering machines. Answering yes is waiving your right to privacy under the specific circumstances outlined.

• 2

  Put it in writing. Most facilities have a Federal Policy waiver. The waiver can be a partial waiver, meaning the patient can select what information can be used, and what he wants kept private. A full waiver means the patient is willing to share all information. If a waiver is not available, a patient can simply write down his wishes, though this should be witnessed by a third party. Also, a patient should remember she has the right to change her mind about sharing information. According to the Medscape Today website, "The patient may, at any time, revoke the authorization in writing." This applies to all waivers, including PHI and research.

• 3

  Assist in Research. Part of HIPAA "describes the ways in which covered entities can use or disclose PHI, including for research purposes," according to the National Institutes of Health (NIH) website. By agreeing to take part in a research project, and signing a waiver of rights, you are no longer guaranteed privacy of information related to the research assignment. Even with the waiver, the researchers must devise a way to make sure their research can't be tracked back to individual patients, and any information leading to research participants must be destroyed as soon as possible, according to NIH.