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Requests to Restrict Use or Disclosure
A patient has the right to request that YOU restrict use or disclosure of PHI for treatment/payment/health care operations You are NOT required to agree June 2014 HIPAA - Restrictions
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Requests to Restrict Use or Disclosure
Recommendation: Ask that all requests be in writing (if done, you must inform the requestor of this) Recommendation - request form is Dated Signed in ink with an original signature Recommendation – you provide a confirmation to the patient that the request was received (consider a dated, signed copy of the request back to the patient) June 2014 HIPAA - Restrictions
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Approving a Request for Restriction
If you agree, you may not use or disclose PHI except for emergency treatment If used for emergency treatment, only to that extent needed Recommendation: approval should be in writing to requestor and included with requestor’s file June 2014 HIPAA - Restrictions
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Terminating a Restriction
IF original requestor agrees to or requests termination in writing OR IF original requestor agrees orally AND oral agreement is documented OR IF you inform the original requestor that you are terminating agreement ONLY effective to PHI created or received after the date you have informed the requestor Recommendation: Do it in writing and file with requestor’s PHI June 2014 HIPAA - Restrictions
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Handling a Request for Restriction
HCP must document the title of persons or offices responsible for receiving and processing these requests Recommendation: Include this contact info with communications to individual requesting access June 2014 HIPAA - Restrictions
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Requests for Confidential Communications
HCP must accommodate reasonable requests for individuals to receive communications of PHI By alternative means At alternative locations You may NOT require an explanation of the basis for the request June 2014 HIPAA - Restrictions
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Requests for Restrictions
You may ask that all requests be in writing Recommendation - request form is Dated Signed in ink with an original signature Recommendation – you provide a confirmation to the patient that the request was received (consider a dated, signed copy of the request back to the patient) June 2014 HIPAA - Restrictions
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Requests for Restrictions
You may condition your approval of the request on: Information on how payment, if any, will be handled Specification of an alternative address or other method of contact Examples: Designated address or phone # Closed envelope vs. a postcard No phone messages or a limited message June 2014 HIPAA - Restrictions
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Request for Confidential Communication
Examples: Designated address or phone # Closed envelope vs. a postcard No phone messages or a limited message June 2014 HIPAA - Privacy Practices Notice
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