Question

With regard to HIPPAA, what are the 2 stipulations that go along with the requirement that providers must obtain the patient's consent prior to disclosing PHI for treatment, payment, or health care operations?

Answer 1

HIPAA requires patient consent before disclosing PHI, with informed consent and the minimum necessary rule as two key stipulations to ensure the protection of patient privacy.

Step-by-step explanation:

Under the Health Insurance Portability and Accountability Act (HIPAA), there are two key stipulations associated with the requirement that providers obtain a patient's consent before disclosing Protected Health Information (PHI) for treatment, payment, or healthcare operations:

1. Informed consent: This means that the patient must be fully aware of the nature of the information being disclosed and agree to its use. Patients must be made aware of the risks and benefits associated with the disclosure of their PHI.
2. Minimum necessary rule: When PHI is disclosed, only the minimum amount of information required for the purpose of the disclosure should be used. This helps protect the patient's privacy by limiting the scope of the data released.

These stipulations are designed to protect patient privacy while also enabling necessary healthcare functions to proceed. HIPAA's privacy rules endeavor to balance the confidentiality of individual health records with the legitimate needs of healthcare providers and organizations.