Most of these respondents had
signed emergency
authorizations (57.4 %),
followed by relationship agreements (34.7 %) and powers of attorney for medical matters (22.7 %), see Figure 11.
Before a covered entity could use or disclose protected health information of an individual pursuant to a request the covered entity made, we proposed to require the entity to obtain an
authorization containing the minimum elements described above and the
following additional elements: except for
authorizations requested for clinical trials, a statement that the entity will not condition treatment or payment on the individual's
authorization; a description of the purpose of the requested use or disclosure; a statement that the individual may inspect or copy the information to be used or disclosed and may refuse to
sign the
authorization; and, if the use or disclosure of the requested information will result in financial gain to the entity, a statement that such gain will result.
We proposed that the term include, with respect to the
signing of
authorizations and other rights (such as access, copying, and correction), the
following types of legal representatives: