It makes sensible to prepare for a variety of scenarios when figuring out what procedures are allowed under the Health Insurance Portability and Accountability Act (HIPAA). For instance, is verbal consent allowed under HIPAA if a patient is unable to give written consent for the release of their protected health information (PHI)? In some situations, the answer is “yes.” We go over the basics of HIPAA informed consent and talk about circumstances in which information can be released with verbal HIPAA consent.
The Law Behind HIPAA Informed Consent
According to the HIPAA Privacy Rule, informed consent aids in preventing PHI from being used and disclosed without authorization. Healthcare practitioners must get patients’ written approval before disclosing their information to third parties, including another physician, in order to provide informed consent. Notifying patients of all the advantages and disadvantages of granting permission for the sharing of their private data is another aspect of informed consent.
This must be included in a signed consent form that permits the release of PHI:
- PHI belonging to the patient will be utilized and shared.
- Potential recipients of the released PHI, as well as the person who will have the authority to use or disclose it.
- A deadline for the authorization’s expiration.
Usually, the patient reads the digital or printed version of the informed consent form. They sign the document to attest to their understanding of the terms and to give permission for the release of their PHI if they agree.
When information can be released with verbal consent under HIPAA
In certain circumstances, getting a patient’s written informed permission is neither required nor feasible. Information can be released with HIPAA verbal agreement under the following conditions:
Information inclusion in a hospital directory: Upon admission, a patient may grant permission for their name, address, and medical status to be made public. For patients who wish to keep their family members updated on their symptoms or treatments, this alternative might be preferable. Both written and verbal consent are acceptable.
Updates for family or friends: Patients can give their clinician verbal approval to send brief messages to close family members and caretakers, without the paperwork. In the event that patients are unable to express their wishes, this option is provided.
Research involving human participants that poses no risk: Human volunteers must provide written informed permission for the majority of clinical trials. A potential participant may, however, forego formal consent if the hazards of participation are minimal. Comprehensive documentation is still necessary for HIPAA verbal consent to share information.
When providers get verbal consent, they have to document it in writing with the date, time, identity of the informed consenter, and specifics of the consent. Recording every occurrence of verbal consent under HIPAA to share information serves as evidence in the event that later charges of privacy violations or other problems surface.
