Can we ask a patient why he or she is requesting a confidential communication?
HIPAA Weekly Advisor, June 20, 2003
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Q: Can we ask a patient why he or she is requesting a confidential communication?
A: No. The privacy rule states that a provider may not require an explanation from the patient as a condition of providing confidential communications. A health plan can only require that a request contain a statement that disclosure of all or part of the information could endanger the individual.
You may require patients to make requests for confidential communications in writing, and the notice of privacy practices should state so. The HHS commentary in the privacy rule states that the reasonableness of a request can be determined by a covered entity solely on the basis of the administrative difficulty of complying with the request.
The regulations permit a covered entity to condition the provision of a reasonable accommodation on the following:
- Information as to how payment will be handled, when appropriate
- Specification of an alternative address or other method of contact
Editor's note: Brought to you by attorneys Marty Baxter and Gretchen McBeath at Bricker and Eckler, LLP and The Quality Management Consulting Group, Ltd.. E-mail: mbaxter@bricker.com or gmcbeath@bricker.com
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