In today’s article we will discuss Consent. In the entire process of personal health information collection, use, disclosure, retention and secure destruction consent is that aspect which is not only essential but renders the work invalid or illegal if not obtained as per the procedure of PHIPAA.
Elements of Consent (17)
The provision says that if law requires the consent of an individual for the purposes of collection, use, disclosure etc. the consent shall be the consent of an individual who is capable of granting consent or the consent of a substitute decision-maker, shall be knowledgeable, shall be able to be withdrawn or withheld, shall relate to the personal health information, shall not be obtained through deception or coercion and such consent may be express or implied.
The consent is knowledgeable if it is reasonable in the circumstances to believe that the individual knows that the purpose of the collection, use or disclosure, may be, given or withheld by an individual.
Implied, knowledgeable and continuing consent (18)
A custodian is entitled to assume implied consent and consent is knowledgeable if that personal health information is collected, used or disclosed to another custodian of a person for the purpose of providing healthcare to that individual. However, such an assumption can be made in reasonable circumstances.
Express Consent (19)
Express consent under this context includes information to-
- The media,
- A person for the purpose of fundraising activities
- A visitor to a healthcare facility
- A person outside Brunswick
- A person for the purpose of research
The consent is expressed in certain more situations like the custodian requests the individual to provide the personal health information, the individual knows the purpose of the collection, the individual grants the custodian permission (in case it is in oral form it may be formed in record of the individual’s consent).
Conditional Consent (20)
This situation arises when an individual places a condition on his/her consent to have a custodian collect, use, disclose the individual’s personal health information. However, the condition is not effective to the extent that it aims to prohibit or restrict any recording of personal health information by a custodian.
Assumption of Validity (21)
A custodian who has obtained an individual’s consent or who has received a copy of document recording the individual’s consent then it will be a situation wherein it shall be assumed that consent fulfils the requirements of this act and the individual has not withdrawn it unless it becomes unreasonable due to circumstances to assume so.
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