HIPAA is not the only federal law that impacts the disclosure of health information. In some instances, a more protective law may require an individual’s permission to disclose health information where HIPAA would permit the information to be disclosed without the individual’s authorization. State and local laws also apply to health care information stored about patients. HIPAA does not override State law provisions that are at least as protective as HIPAA.
Legal standards and issues that should be addressed when developing policies around creation of consent strategies.
Research findings into how the various state laws govern the disclosure of health information. This document also provides an overview of federal consent laws.
Documentation of the state law requirements for disclosure of health information for treatment purposes within and across state lines.
Tools and resources for states and health care stakeholders to use to decide what level of choice is proper for patients regarding the electronic access, use, and disclosure of their health information. This also includes tools and resources that states can use to evaluate which, if any, of the interstate legal mechanisms they could successfully employ.
Section 3.2.6 of this report covers access to minors’ heath information. It includes a discussion of minors’ ability to consent to disclosure of related health information.