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Honoring individual requests on uses or disclosures

Compliance Monitor, September 15, 2006

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Q: Must we honor individual requests for restrictions on uses or disclosures?

A: No. HIPAA clearly states that you are not required to agree to restrictions. The HHS commentary notes that you may refuse to restrict uses and disclosures or may agree only to certain aspects of an individual's request.

For example, if you believe that it is not in the patient's best medical interest to have such a restriction, you may discuss the request for restriction with the patient and explain your reason for concern. Also, you can agree to use and disclose sensitive PHI for treatment purposes only and agree not to disclose information for payment and operations purposes.

For more information see http://www.bricker.com/legalservices/practice/hcare/hipaa/164.522a.asp"target="_blank">Section 164.522(a) (Right of Individual to Request Restriction of Uses and Disclosures) of the privacy rule.

Thanks to attorneys from Bricker & Eckler, LLP, for answering this question. This is not legal advice. Consult with your attorney for legal matters. This question was first published in Compliance Monitor's sister publication HIPAA Weekly Advisor.

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