Health Insurance Portability Accountability Act (HIPAA) : Notice of Privacy Practices
HIPAA regulations make up two main parts: The Privacy (HIPAA) Rights of individuals related to their Personally Healthcare Information (PHI) and the Security (HITECH) of the healthcare information held by Covered Entities.
The Privacy Rule requires covered entities to provide individuals with a copy of their notice of privacy practices, at the first visit/date of service. Covered Entities must be able to prove that patients received these notices; thus they generally require individuals to sign a document called "receipt of notices of privacy practices."
These notices must contain information on how the covered entity's use and disclosures of the PHI. For example, there should be a statement that the PHI will be used consistent with payment of claims, treatment of the individual and for business operations (quality control, auditing or internal monitoring). In addition, the notice should contain information on instances when a signed release would be required by an individual. For example, for disclosure to a third party, for sale of health records, marketing or research. Moreover, it should enumerate any exceptions to the requirement of a signed release from a patient (i.e., domestic violence, child abuse, public safety, emergency).
Generally these notices contain the following information:
- Patient rights inspect: copies, a record disclosure accounting, restrict access to their file (outside of Treatment, payment and operations), and request amendment of their file.
- Covered Entities' obligations and individual rights under state law.
- Where patients' complaints may be lodged, typically the privacy office's address, telephone/ hotline number, (optional-privacy officer's name and email).
- Additionally, the notice may list the contact information for the Office of Civil Rights (part of DHS), the federal agency that oversees the compliance of the HIPAA Privacy Rule.
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