Responding to Patient Requests for Restrictions on Use or Disclosure of PHI

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Last Updated: April 2003

Responsible University Officer:
  • Senior Vice President for Health Sciences, Privacy Officer

Procedure Contact:
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PROCEDURE

REQUESTED RESTRICTIONS ON USE AND DISCLOSURE
Individuals have a right to request restrictions on uses and disclosures of PHI about the individual to carry out treatment, payment and health care operations, and disclosures made to family members or persons who are involved in the health care of the individual. Health care components are not required to agree to such requested restrictions.

Individuals also have the right under Minnesota law to limit the disclosure of information under a general authorization for research purposes by submitting a written request to the health care component. If the individual submits such a request, disclosures made under the general authorization for research must be limited accordingly.

All restrictions to which the health care component agrees must be documented and retained.

AGREEING TO A RESTRICTION
If a health care component agrees to a requested restriction, PHI must not be used or disclosed in violation of the agreed upon restriction, except that the information may be used by the health care component or disclosed to another health care provider when the information is necessary for emergency treatment of the individual. If the health care component discloses PHI to a health care provider for emergency treatment purposes, the health care component must request that the information not be further used or disclosed by the provider.

Agreement to a restriction by one health care component of the University is effective only to limit uses and disclosures made by the health care component that agrees to the restriction. The restriction does not apply to other health care components of the University, unless the other health care components also receive a request for and specifically agree to the restriction.

Agreed upon restrictions are not effective to limit uses or disclosures as permitted or required to the Secretary for compliance, for a facility directory or for disclosures made for a public purpose.

TERMINATING AN AGREED UPON RESTRICTION
Agreed upon restrictions may be terminated if the individual agrees to or requests termination in writing or orally. The health care component will document all oral requests. The health care component may terminate an agreed upon restriction without the individual's agreement to the termination by informing the individual. However, such terminations by the health care component are effective only as to PHI created or received after the individual is given notice of the termination.

PROVIDING CONFIDENTIAL COMMUNICATIONS
The health care component must permit the individual to request, and must accommodate reasonable requests to receive communications of PHI from the health care component by alternative means or locations.

This request by the individual must be in writing and may be conditioned on provision of information on how payments will be handled and specification of an alternative address or method of contact.

The provider components may not require an explanation from the individual of the reason for requesting the confidential communication.

The health plan component may require assertion of danger to the individual as a condition to providing the confidential communication.

Procedure FEEDBACK



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