Medicare Compliance & Reimbursement

Reader Question:

Know the Facts on HIPAA Authorization End Dates

Question: I’ve noticed that our patient forms pertaining to the HIPAA say they last for one year from the date signed. Can this be adjusted to make less paperwork for our front desk staff?

New Mexico Subscriber

Answer: The HHS Office for Civil Rights (OCR) says the HIPAA Privacy Rule notes that all authorization forms need to have an expiration date. The expiration date helps the authorizer understand when or to whom or why information might be disclosed.

“An Authorization remains valid until its expiration date or event, unless effectively revoked in writing by the individual before that date or event,” the OCR advises. “The fact that the expiration date on an Authorization may exceed a time period established by State law does not invalidate the Authorization under the Privacy Rule, but a more restrictive State law would control how long the Authorization is effective.”

Heed this advice: The authorization date can be an event, like when the patient terminates their enrollment in a health plan, instead of a timeline, unless your state has specific requirements that are stricter than the OCR’s.