Final answer:
The Health Insurance Portability and Accountability Act (HIPAA) allows covered entities to use or disclose protected health information (PHI) with an individual's authorization, except for treatment, payment, or health care operations. Certain public health risks can permit disclosure without authorization. HIPAA ensures patient privacy and prevents discrimination based on health information.
Step-by-step explanation:
Permission to Use Protected Health Information (PHI)
The Health Insurance Portability and Accountability Act (HIPAA) is the legislation that grants covered entities the permission to use specified protected health information (PHI) for particular purposes or to disclose PHI to a designated third party. This is contingent on receiving an authorization form the individual whose PHI it is. Authorization is a detailed document that gives covered entities permission to use protected health information for specified purposes which are generally other than treatment, payment, or health care operations, or to disclose PHI to a third party specified by the individual.
The individual's authorization is required for any use or disclosure of PHI that is not for treatment, payment, or health care operations. However, there are some exceptions where PHI can be disclosed without an individual's authorization, such as in the case of public health risks. For instance, if it's necessary to contact a sexual partner of a patient regarding exposure to a sexually transmitted disease, the physician must balance the need to maintain patient confidentiality with the partner's right to know, guided by laws and professional ethical considerations.
When handling PHI, entities must ensure they comply with HIPAA's Privacy Rule, which sets the standards for privacy and authorization of PHI disclosures. This is important both to protect patients' privacy and to prevent potential discrimination such as in employment or insurance coverage based on one's health data.