Question of the Week: What authorizations are necessary for organ donation?
HIPAA Weekly Advisor, March 1, 2004
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Question: What authorizations are necessary prior to disclosing information to organ/tissue agencies? Covered entities can disclose PHI without individual authorization to organ procurement organizations or other entities that procure, store, or transplant cadaveric organs, eyes, or tissue. This provision addresses situations in which individuals have not previously indicated whether they seek to donate organs, eyes, or tissues. By definition, this failure to indicate a preference regarding donation means these individuals have not authorized release of PHI for this purpose. In such situations, this provision allows covered entities to contact organ and tissue donation and transplantation organizations to arrange for organ, eye, and tissue transplants. For more information, see 45 CFR Section 164.512(h), Uses and Disclosures for Cadaveric Organ, Eye or Tissue Donation Purposes Editor's note: Brought to you by attorneys Marty Baxter and Gretchen McBeath at Bricker and Eckler, LLP (
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