Not exact matches
In discrimination claims (and in some other claims such as those for detrimental
treatment following a protected
disclosure), claimants...
Several commenters further recommended that only the
following uses and
disclosures be permitted for research information unrelated to
treatment without authorization: (1) For the oversight of the researcher or the research study; (2) for safety and efficacy reporting required by FDA; (3) for public health; (4) for emergency circumstances; or (5) for another research study.
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.
The
following are examples of valid compound authorizations: an authorization for the
disclosure of information created for clinical research combined with a consent for the use or
disclosure of other protected health information to carry out
treatment, payment, and health care operations, and the informed consent to participate in the clinical research; an authorization for
disclosure of psychotherapy notes for both
treatment and research purposes; and an authorization for the
disclosure of the individual's demographic information for both marketing and fundraising purposes.
(A) A description, including at least one example, of the types of uses and
disclosures that the covered entity is permitted by this subpart to make for each of the
following purposes:
treatment, payment, and health care operations.