Home Health & Hospice Week

Industry Notes:

Don't Make HIPAA Expiration Date Harder Than It Needs To Be

If your patient forms pertaining to the HIPAA say they last for one year from the date signed, you may be making extra work for yourself.

Why? The HHS Office for Civil Rights says the HIPAA Privacy Rule notes that all authorization forms need to have an expiration date. The expiration date helps the authorizer understand when or to whom or why information might be disclosed.

“An Authorization remains valid until its expiration date or event, unless effectively revoked in writing by the individual before that date or event,” the OCR advises. “The fact that the expiration date on an Authorization may exceed a time period established by State law does not invalidate the Authorization under the Privacy Rule, but a more restrictive State law would control how long the Authorization is effective.”

Heed this advice: The authorization date can be an event, like when the patient terminates their enrollment in a health plan, instead of a timeline, unless your state has specific requirements that are stricter than the OCR’s.

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