Must a covered health care provider obtain an individual’s authorization to use or disclose protected health information to an interpreter?
Answer:
No, when a covered health care provider uses an interpreter to communicate with an individual, the individual’s authorization is not required when the provider meets the conditions below. Covered entities may use and disclose protected health information for treatment, payment and health care operations without an individual’s authorization, 45 CFR 164.506(c). A covered health care provider might use interpreter services to communicate with patients who speak a language other than English or who are deaf or hard of hearing, and provision of interpreter services usually will be a health care operations function of the covered entity as defined at 45 CFR 164.501.
