When is it not necessary for a patient to provide prior consent?
HIPAA Weekly Advisor, October 15, 2001
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Q: When is it not necessary for a patient to provide prior consent?
A: Patient consent to use or disclose information for treatment, payment, and healthcare operations is not optional under the privacy rule. Doctors must obtain it, and patients stand to be denied treatment if they don't give it.
Although physicians may condition treatment on whether or not patients sign a consent form, in certain situations, including medical emergencies, prior consent is not necessary. In these situations, physicians will have to make a reasonable judgment and weigh the time and care implications.
The basic exceptions include:
- Providers do not need consent in emergency situations, although they must obtain written consent "as soon as reasonably practical" after the treatment.
- Providers do not need consent when language barriers make it impossible to obtain written consent, but the physician believes consent is implied.
Editor's note: From HIPAA Training Handbook for the Medical Staff: An Overview of HIPAA. For more information or to order, go to http://www.hcmarketplace.com/prod/showdetl.cfm?did=6&product_id=10669 or call Customer Service at (877) 727-1728.
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