Standards for Privacy of Individually Identifiable Health Information. Final Privacy Rule Preamble.. Section 164.506(f) - Joint Consents


Covered entities that participate in an organized health care arrangement and that develop a joint notice under § 164.520(d) may develop a joint consent in which the individual consents to the uses and disclosures of protected health information by each of the covered entities in the arrangement to carry out treatment, payment, and/or health care operations. The joint consent must identify with reasonable specificity the covered entities, or class of covered entities, to which the joint consent applies and must otherwise meet the consent requirements. If an individual revokes a joint consent, the covered entity that receives the revocation must inform the other entities covered by the joint consent of the revocation as soon as practicable.

If any one of the covered entities included in the joint consent obtains the individual's consent, as required above, the consent requirement is met for all of the other covered entities to which the consent applies. For example, a covered hospital and the clinical laboratory and emergency departments with which it participates in an organized health care arrangement may produce a joint notice and obtain a joint consent. If the covered hospital obtains the individual's joint consent upon admission, and some time later the individual is readmitted through the associated emergency department, the emergency department's consent requirement will already have been met. These joint consents are the only type of consent by which one covered entity can obtain the individual's permission for another covered entity to use or disclose protected health information to carry out treatment, payment, or health care operations.