What is a key difference between consent and authorization under HIPAA?

Consent and authorization under HIPAA serve different purposes and have distinct legal requirements. A key difference is that consent is generally not required for the use or disclosure of protected health information (PHI) for treatment, payment, and healthcare operations (TPO). Conversely, authorization must be obtained before using or disclosing PHI for purposes beyond TPO, such as research or marketing, which is why authorization is regarded as mandatory in specific situations while consent is not.

The role of authorization is crucial because it provides patients with more control over their sensitive health information, ensuring that disclosures outside of TPO are made only with the patient's explicit permission. Understanding this distinction is vital for compliance professionals working to protect patient privacy while navigating healthcare regulations.

This differentiation emphasizes the importance of having clear processes for obtaining patient authorization when required, alongside recognizing the broader use of PHI that can occur under implied consent for TPO purposes without additional consent requirements.