If the information is released to another covered entity or the business
associate of a covered entity, your PHI will still be covered by HIPAA. If you
release the information to someone who is not covered by HIPAA, then the
HIPAA protections will be lost. The information will be still be subject to other
privacy laws, but these can be waived by the authorization.
If the release says that the information can be used in whatever way the entity
wants, then it can disclose the information to others and may even be able to
make it public. You should carefully read any authorizations you are asked to
sign to release your PHI. If the authorization does not limit the further
disclosure of your PHI, you could lose control on the information. Even if your
authorization has an expiration data, this only affects the release of
information after the expiration date. The entity who received your data under
the authorization can continue to use it after the expiration date, it just cannot
get more information about you. You also have some rights to tell the entity
that received the information to stop using it, unless you have waived the right
to further control of the PHI after release.
Even if you have reserved the right to stop further use of the information,
researchers have a right to keep using the information if it is critical to their
study. For example, assume you participate in the clinical trial of an important
new cancer drug. The trial is a success and the drug company is applying to
the FDA for a license to market the drug. This permit, as described in the FDA
section, requires the FDA to review the clinical trial data to assure that the
drug is safe and effective. If your data has to be removed from the clinical
database, it will could make the necessary analysis impossible and keep the
drug from being approved.