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HIPAA COMPLIANCE INFO
Here is what the
US
Department of Health & Human Services has to say on how the HIPAA
Privacy Rule applies to CourtesyCall:
[ Source: HIPAA Incidental Uses and Disclosures
document dated December 3, 2002; page 6
Department of Health and Human Services ]
| Q: |
May physician's offices or pharmacists
leave messages for patients at their homes, either on an answering
machine or with a family member, to remind them of appointments or to
inform them that a prescription is ready? May providers continue to
mail appointment or prescription refill reminders to patients' homes? |
|
| A: |
Yes. The HIPAA Privacy Rule
permits health care providers to communicate with patients regarding
their health care. This includes communicating with patients at their
homes, whether through the mail or by phone or in some other manner.
In addition, the Rule does not prohibit covered entities from leaving
messages for patients on their answering machines. However, to
reasonably safeguard the individual's privacy, covered entities should
take care to limit the amount of information disclosed on the
answering machine. For example, a covered entity might want to
consider leaving only its name and number and other information
necessary to confirm an appointment, or ask the individual to call
back.
A covered entity also may leave a message with a family member or
other person who answers the phone when the patient is not home. The
Privacy Rule permits covered entities to disclose limited information
to family members, friends, or other persons regarding an individual's
care, even when the individual is not present. However, covered
entities should use professional judgment to assure that such
disclosures are in the best interest of the individual and limit the
information disclosed. See 45 CFR 164.510(b)(3).
In situations where a patient has requested that the covered entity
communicate with him in a confidential manner, such as by alternative
means or at an alternative location, the covered entity must
accommodate that request, if reasonable. For example, the Department
considers a request to receive mailings from the covered entity in a
closed envelope rather than by postcard to be a reasonable request
that should be accommodated. Similarly, a request to receive mail from
the covered entity at a post office box rather than at home, or to
receive calls at the office rather than at home are also considered to
be reasonable requests, absent extenuating circumstances. See 45 CFR
164.522(b).
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