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FAQ 360 My state requires consent to use or disclose health information. Does the HIPAA Privacy Rule take away this protection?

This is guidance related to consent requiremnts for states to disclosed protected health information

Final

Issued by: Office for Civil Rights (OCR)

My state requires consent to use or disclose health information. Does the HIPAA Privacy Rule take away this protection?

Answer:

No. The Privacy Rule does not prohibit a covered entity from obtaining an individual's consent to use or disclose his or her health information and, therefore, presents no barrier to the entity's ability to comply with State law requirements.

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