What must a covered entity obtain from an individual for certain uses of PHI?

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A covered entity is required to obtain written authorization from individuals for specific uses and disclosures of their Protected Health Information (PHI) that are not otherwise permitted under the Health Insurance Portability and Accountability Act (HIPAA) regulations. Written authorization provides a documented form of consent that details what PHI is being shared, with whom, and for what purpose. This ensures that individuals have a clear and informed choice regarding the use of their health information, particularly in situations where the use of their information falls outside of standard treatment, payment, and healthcare operations.

Obtaining written authorization is crucial because it establishes a legally binding agreement between the covered entity and the individual, granting explicit permission for the specified use of PHI. This process enhances patient autonomy and safeguards their privacy rights, which is a fundamental principle of HIPAA.

While other types of consent, such as oral or implied consent, may apply in different contexts, they do not provide the same level of clarity or legal protection as written authorization when it comes to the more sensitive uses of PHI. Email consent may also not meet the regulatory requirements for written authorization, depending on the specifics of the case and state laws.

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