Health Information Management

Call-in scripts and privacy notices

HIPAA Weekly Advisor, October 3, 2003

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Q: We have patients who call in to renew prescriptions and don't need to see their physician until they come in for their annual exam. So they haven't gotten our privacy notice or signed an acknowledgement of privacy notice receipt. Is it OK to wait until they come in to give out our privacy notice and get the signature?

A: No, probably not. The privacy rule requires that the privacy notice be given on the date of "service" delivery. A telephone encounter is one example of a service. A telephone call to book an appointment is not considered a service in this context.

Even if the prescription renewal involves only a quick chart review by the provider, it is likely to be considered "service delivery" and thus it requires that the office promptly mail a copy of the privacy notice, along with an acknowledgement of receipt form. The office should be sure to document the mailing. This good faith effort suffices to meet the office's HIPAA obligation, even if the patient does not return the signed form.

Editor's note: Answered by Kate Borten, CISSP, president of The Marblehead Group, in Marblehead, MA, and excerpted from the October 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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