Do we need a patient's authorization to disclose PHI to an organ procurement organization?
HIPAA Weekly Advisor, December 6, 2002
Want to receive articles like this one in your inbox? Subscribe to HIPAA Weekly Advisor!
Q: Do we need a patient's authorization to disclose PHI to an organ procurement organization?
A: A covered entity may use or disclose PHI without individual authorization to organ procurement organizations and other entities engaged in the procurement, banking, or transplantation of cadaveric organs, eyes, or tissue for the purpose of donation and transplantation.
In situations in which an individual has not previously indicated whether he or she seeks to donate organs, eyes, or tissues (and therefore already authorized release of PHI for this purpose). Covered entities may initiate contact with organ and tissue donation and transplantation organizations to facilitate transplantation of cadaveric organs, eyes, and tissues.
The HHS commentary clarifies that such organizations are not business associates of the health care facility making the disclosure. This type of disclosure must be included in an accounting of disclosures, unless there is a signed authorization.
Editor's note: Brought to you by attorneys Marty Baxter and Gretchen McBeath at Bricker and Eckler, LLP (http://www.bricker.com) and The Quality Management Consulting Group, Ltd. (http://www.qmcg.com). E-mail: mbaxter@bricker.com or gmcbeath@bricker.com.
Want to receive articles like this one in your inbox? Subscribe to HIPAA Weekly Advisor!
Related Products
Most Popular
- Articles
-
- HIPAA Q&A: Flu shot requirement for hospital employees
- Running an effective peer review committee meeting
- HealthDataInsights posts new issues for medical necessity claims
- Sneak Peek: Effort underway to establish caseload benchmarks
- Q/A: Coding for telescopic intraocular lens
- New FAQ posted on storing laryngoscope blades
- Tip: Perform your own internal investigation prior to government audit
- HIPAA 5010 deadline extended, but threat remains, says AMA
- HHS task force: Consider privacy, security with text messages
- What does case-mix index mean to you?
- E-mailed
-
- Running an effective peer review committee meeting
- HIPAA Q&A: Flu shot requirement for hospital employees
- HHS task force: Consider privacy, security with text messages
- What does case-mix index mean to you?
- Q/A: Coding for telescopic intraocular lens
- Q/A: Correct use of modifier -PT
- Tip: Correctly code bilateral pain management procedures
- "Wall fountains" may be spreading Legionnaires to patients, visitors
- 2012 CPT code changes for ASCs: Shoulder and knee scopes and pain management
- Case Management Monthly, March 2012
- Searched