Restrictions of Disclosures

Patients have the right to request restrictions on the disclosure of their PHI for purposes of treatment, payment and/or health care operations. In other words, a patient may request that certain portions of their PHI not be shared with other organizations, even if that disclosure is required to carry out treatment, payment or health care operations functions. Keep in mind that your organization is not required to agree to patient requests for restrictions. However, your organization must keep documentation that a request was made for 6 years after the request occurs.

For example, a patient may request that the fact that she has cancer is kept strictly confidential, and not disclosed to anyone - including her insurance company. It is up to your organization to decide whether or not to honor the patient's request. For example, not being able to disclose the fact that the patient has cancer to her insurance company may prohibit your organization from receiving payment for providing treatment. In this scenario, your organization may reject the patient's request to restrict disclosures, but will still maintain documentation that the request occurred in the patient's chart.

Continue To Next Page