Professional Communications and Privacy
The HIPAA rule certainly allows the necessary communication among members of the healthcare team for care purposes or for billing purposes. However, when disclosing health information to others, such as insurance companies, providers are required to limit the release to the “minimum reasonably needed” for the purpose of the disclosure. The law generally prohibits disclosure of protected health information unless the patient authorizes it. This prohibition includes a restriction on re-disclosure of health information that has been provided from another provider. Updated policies and procedures must specify this. This means the minimum necessary requirement does not apply among staff in the dental office in the ordinary course of caring for patients.
Even small dental practices are required to give their patients a “Notice of Information Practices” document, which informs patients about their privacy rights and explains how their health information will be used for treatment, payment, and healthcare operations. The notice must contain the following items specified in Figure 2.
A sample notice is also provided on page 61 of the HIPAA Privacy Kit7 published by the ADA. Adjustments may be required where state law plays a role.
Sample
Patient Notice
This notice describes how information about you may be used and disclosed and how you can get access to this information. Please review it carefully. This dental practice will handle your patient care information to ensure privacy although treatment information with other providers and payment claim transactions will not require your authorization for each instance. Any changes in these policies will be given to you either during appointments or by mail. However, if the practice is involved in any clinical research trial or other non-routine treatment practice that may require conveying information from your patient care record to other practitioners, you will be asked to authorize or deny such information sharing. You have the right to see all information recorded in your record and make copies of it. You may request amendment of any incorrect information. This practitioner recognizes responsibility for protecting the privacy of all patient care information in this practice, as defined in PL 104-191 (1996) <and any additional state requirements>. Any concerns may be reported to <the appropriate State Agency> at <at address and phone>. The person to contact in this practice regarding any questions or amendments is <Dr X> at <practice phone number>. <Practitioner Name
and Current Date> |
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| Page 5 of 12 | |
| Citation Number: Vol. 4, No. 1, Page 063 |
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