No, HIPAA forms and consent forms are not the same, although they are related and sometimes overlap in purpose. While HIPAA forms and consent forms share a commitment to patient rights, their distinct roles reflect the multifaceted nature of healthcare.
What are HIPAA forms?
A HIPAA form is a document that ensures compliance with the Health Insurance Portability and Accountability Act (HIPAA) and is designed to protect the privacy and security of individuals' health information. A HIPAA form typically includes details on how health data is used, shared, or disclosed, and may require patients to grant consent for the release of their medical information.
One of the most common HIPAA forms is the Authorization for Release of protected health information (PHI). This document allows healthcare providers to share a patient’s medical information with designated third parties, such as specialists, family members, or insurance companies.
HIPAA forms are strictly regulated to ensure that patients’ privacy rights are upheld. They typically include details about:
- What information will be shared.
- Who will receive the information.
- The purpose of the disclosure.
- An expiration date for the authorization.
These forms do not typically cover treatment-related permissions but focus solely on the privacy and sharing of PHI.
What are consent forms?
Consent forms, on the other hand, are broader and not limited to information-sharing purposes. These documents are used to obtain a patient’s explicit permission for specific actions or procedures. For example:
- A consent form may authorize a healthcare provider to perform a surgical procedure or diagnostic test.
- In research, informed consent forms are required to ensure participants understand the scope, risks, and benefits of the study before agreeing to take part.
Unlike HIPAA forms, consent forms usually delve into the details of the proposed action, including potential risks, benefits, and alternatives. These documents aim to provide patients or participants with enough information to make informed decisions about their care or participation.
See also: Patient consent: What you need to know
Overlap and integration
In some cases, a single document may combine elements of both. For instance, a HIPAA authorization form for a clinical trial might also include consent language, outlining how patient information will be used during the study.
Example
In clinical research, there is often overlap between a Privacy Rule Authorization and an informed consent document. "A Privacy Rule Authorization is an individual's signed permission to allow a covered entity to use or disclose the individual's protected health information (PHI) that is described in the Authorization for the purpose(s) and to the recipient(s) stated in the Authorization," writes the National Institutes of Health. In contrast, "an informed consent document is an individual's agreement to participate in the research study and includes a description of the study, anticipated risks and/or benefits, and how the confidentiality of records will be protected." These documents can be combined, ensuring the participant consents to both the research and the use of their PHI.
Using Paubox Forms
Paubox Forms is a secure, HIPAA compliant tool that can create and manage consent and authorization forms for healthcare providers and organizations. It allows users to design customizable forms that can be easily shared with patients or participants for their digital signature. With Paubox Forms, healthcare entities can ensure that consent and authorization are obtained electronically, meeting regulatory requirements while maintaining confidentiality.
Learn more: Collect patient data securely with Paubox Forms
FAQs
Can I withdraw my authorization or consent once given?
Yes, you can withdraw both authorization and consent at any time. However, if you withdraw authorization, the covered entity may not be able to use or disclose your PHI for research purposes moving forward. Withdrawal of informed consent may result in your removal from the research study.
Read also: What to do when an individual revokes authorization
Can consent and authorization be verbal?
Informed consent is generally required to be in writing, especially for significant medical procedures. Authorization can sometimes be verbal, but most often it must be in writing, particularly when it involves disclosing sensitive health information.
Related: Does HIPAA allow verbal consent?
Tshedimoso Makhene
