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What does HHS consider "demographic information?" Do we need to provide our notice of privacy practices to callers requesting estimates for procedures or tests?

HIPAA Weekly Advisor, February 21, 2003

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Q: What does HHS consider "demographic information?" Do we need to provide our notice of privacy practices to callers requesting estimates for procedures or tests?

A: Throughout the privacy rule commentary, HHS says it will not specify what demographic information is. But HHS states it will generally include the following:

• Name
• Address and other contact information
• Age
• Gender
• Insurance status

It does not include any information about a patient's illness or treatment.

Question: Our hospital auditors give out estimates to patients for procedures and tests. They document each caller's name, phone number, and the information requested. Do we need to provide our notice of privacy practices to these callers?

Answer:
The auditors are not providing a health care service and the callers are not necessarily patients. They could be family members or people doing research. This communication does not require mailing a privacy notice unless the caller requests one.

Editor's note: The first question was answered by Martha Baxter, JD, a partner in the health care department at Bricker and Eckler, LLP, in Columbus, OH, and adapted from the March 2003 issue of Briefings on HIPAA.

The second question was answered by Kate Borten, CISSP, president of The Marblehead Group, in Marblehead, MA, and excerpted from the February 2003 issue of Briefings on HIPAA. This is not legal advice. Be sure to consult with your facility's legal counsel for legal matters.

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