Consent basics
How is this consent different from the prior version?
In addition to allowing sharing of patient information for treatment and payment, the consent permits sharing for the health care operations, such as quality improvement and care coordination. The consent allows the information to be shared among physicians and other providers who participate in patient care. The consent also permits information sharing with payers, payer networks, accountable care organizations, and entities that provide administrative support to them, such as third party administrators.
Why do we need this consent when HIPAA permits sharing of information for treatment, payment, and health care operations without patient authorization?
Minnesota law generally requires providers to get written patient consent to share patient information with third parties, including payers and unaffiliated providers. Because Minnesota’s law is more protective of patient privacy than HIPAA, we must follow the Minnesota consent requirement in addition to HIPAA.
Must patients sign this consent at every visit?
Patients are not required to sign this consent at every visit. The consent text should be included on a form that states it lasts “forever” or “until revoked”, which means it needs to be signed only one time.
Patient rights
Are patients required to share their information?
No. Patients may decline to share their identifiable information. We expect that few patients will refuse to share their information.
What should I do if a patient refuses to sign the consent or crosses off information on the consent form?
You should include patient consent status in your practice management or electronic health record (EHR) system so you can easily identify patients who do not consent to data sharing. If your practice management software or EHR does not track consent information electronically, you will need to create a manual system, such as a spreadsheet, to keep track of the patients who do not consent to data sharing. This information will be used to keep track of which patients have chosen to sign the consent and which have not signed the consent, to be sure the data about patients who do not want their information shared can be excluded.
Can a patient revoke this consent?
A patient can revoke this consent by giving your practice notice in writing. The revocation will be effective going forward from the date you receive the revocation. You must track revocations to ensure that your practice does not inappropriately share the patient’s information after the date of revocation.
What information can we offer a patient who has questions about the consent form?
We have prepared frequently asked questions (FAQs) for patients about data sharing related to the consent form. Paper copies of these patient FAQs will be available for your practice. Patients can also review your Notice of Privacy Practices.
Background information
What is an accountable care organization (ACO)?
An ACO is an organization of physicians and other health care providers who work together to improve health care quality and make health care more affordable.
What is a payer network organization?
A payer network organization is an organization of physicians and other health care providers organized by a health plan or other payer to improve health care quality and make health care more affordable.
Who is a payer?
A payer refers to any entity, other than the individual receiving the care, that pays for health care. Payers include health insurers, health maintenance organizations, self-insured employer plans, and governmental payers such as the Medicare and Medicaid programs.
Why do we need to share patient data with ACOs and payer network organizations?
In order to determine whether an ACO or payer network organization is succeeding in its goals of improving quality and reducing costs, it must have data from its participating providers about their patient care. ACOs and payer network organizations compare the data of many providers over time to assess their success in improving quality and efficiency.
How are payers involved in this process?
Payers may evaluate providers who participate in ACOs and payer network organizations and meet goals for quality and cost. Payers must have information about the care to determine whether the providers are meeting goals for quality and cost.