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Most of us are at least vaguely familiar with HIPAA regulations. In fact, you may even have to sign a HIPAA-compliant release of information if you work with a Paulson Coletti Trial Attorneys PC Portland medical malpractice lawyer. What many people don’t realize, though, is that the federal guidelines set by HIPAA are the minimum standard, and individual states have their own more stringent requirements.
The Health Insurance Portability and Accessibility Act of 1996 was established to set minimum federal standards for information privacy. The Centers for Disease Control and Prevention (CDC) explains that some of the goals for HIPAA are:
Protected health information (PHI) is a term seen everywhere when providers and insurance agencies discuss HIPAA. Oregon code 195.556 (11)((a) defines Protected Health Information(PHI) covered by HIPAA as health information that is individually identifiable and maintained or transmitted in any form by a covered entity. Health information is considered information related to medical or psychological conditions, test results, insurance policy details, and other similar information.
The concept of a covered entity is a crucial point of understanding for HIPAA. These days, we hear HIPAA thrown around in a way that makes it seem that no one is allowed to share your health information. However, HIPAA protections in Oregon only regulate covered entities such as insurance companies, medical providers, behavioral health providers, pharmacists, and those handling your information in some professional settings. HIPAA protections also bind schools and public agencies like DHS.
At Paulson Coletti, “liberty and justice for all” is more than just a phrase – it is our mandate. Our team of trial lawyers is driven to pursue justice for the injured, ensuring that the responsible parties are held accountable. With a high success rate both in and out of the courtroom, you can trust our Oregon personal injury lawyers to be the legal advocates you need so your voice can be heard.
Covered entities may not share your information in Oregon without set criteria. The times in which your information can be released to someone other than the patient are as follows:
Your information may also be released to the payor of services, which is frequently your insurance company. The notification and consent can commonly be seen in your physician or care provider’s intake paperwork.
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The state of Oregon has very specific requirements for releasing PHI to anyone other than the patient or their representative. In Oregon statute 192.566 shows a template Release of Information (ROI), which has all of the required information as shown below:
The release of information is void as of the expiration date listed on the form, but you can also withdraw your consent to the release in writing if you so choose. This does not void the initial release or invalidate information sent legally. The release is still valid from the signature date, but disclosing your information beyond the date you rescinded permission is not legal.
At Paulson Coletti, a local firm based in Oregon, justice is our mission. As experienced trial attorneys, we fight for injury victims across Oregon and Washington, holding negligent parties accountable. With a proven track record in and out of the courtroom, we are dedicated to securing fair compensation for our clients. We take a client-centered approach, focusing on cases we believe in and delivering results that matter. No fees unless we win-because justice should never come with financial risk.
This page has been written, edited, and fact-checked by our team of legal writers in accordance with our editorial guidelines. It has been approved by partners Jane Paulson and John Coletti—respected trial attorneys with decades of experience representing personal injury victims.
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