Posts Tagged ‘Pay Out of Pocket’

Patient’s Guide to HIPAA Part II – Basic Patient Rights: (FAQ 13 – 53)

A. Right to a Notice of Privacy Practices (FAQ 13 – 17)
B. Right to Inspect and Copy Your Record (FAQ 18 – 24)
C. Right to Request Confidential Communications (FAQ 25 – 28)
D. Right to Request Amendment (FAQ 29 – 36)
E. Right to Receive an Accounting of Disclosures (FAQ 37 – 45)
F. Right to Complain to the Secretary of HHS (FAQ 46 – 50)
G. Right to Request Restrictions on Uses and Disclosures (FAQ 51 – 53)

Patient’s Guide to HIPAA – Basic Rights: Why is the Right to Request Restrictions Almost Meaningless?

Roadmap: Patient’s Guide to HIPAA: Part 2: Basic Patient Rights: Right to Request Restrictions on Uses and Disclosures (FAQ 52 of 65)

The rule does not require a covered entity to agree to a restriction requested by a patient. The covered entity does not have to agree even if the patient’s request is reasonable. Contrast this provision with the right to request confidential communication. A covered entity must agree to a reasonable request for confidential communication. However, if you ask for a restriction on use or disclosure, the covered entity does not have to agree, does not have to state a reason for denying a request, and does not have to even respond to your request. Because it is a patient right without a corresponding obligation on the part of a covered entity, we conclude that the right is almost meaningless.