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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111657
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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In North Carolina and Florida, what is the maximum amount of

Customer Question

In North Carolina and Florida, what is the maximum amount of time an authorization may remain valid in the absence of any other specifically listed expiration date?
Submitted: 11 months ago.
Category: Legal
Expert:  LawTalk replied 11 months ago.

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. An authorization for what?

Customer: replied 11 months ago.
Authorization for Disclosure of Protected Health Information.I am a Privacy Officer and know that HIPAA requires a date or event for expiration of the authorization. The guidance from the OCR says that if the expiration of an authorization under state law is more stringent then we are governed by state law. Based on that guidance, I am trying to find out what the maximum time of expiration is for those two states, just so I can be sure we are not exceeding that requirement. My example is that the state of Arizona has a maximum expiration of 1 year from the date of signature; however, if the data includes HIV/AIDS information, then the maximum expiration is 180 days.
Expert:  LawTalk replied 11 months ago.

I am unable to further assist you in this matter, and I am going to opt out of your question and open this up for other professionals.

Your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.

I apologize for any inconvenience and wish you well in your future.

Doug

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Both NC and FL department of health state that the expiration of the HIPAA authorization is when set by the patient and if they do not set it then it is valid for up to 1 year or 6 months for HIV data. This is the federal standard and neither FL or NC deviate from that standard.

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