Minimum necessary requirement
HIPAA Weekly Advisor, April 12, 2004
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Q: Does the minimum necessary requirement apply to all PHI disclosures?
A: It applies to many, but not all, disclosures. All disclosures made pursuant to a signed authorization are exempt; also exempt are non-authorized disclosures
* to another health care provider for treatment
* requested by another covered entity for non-treatment purposes
* requested by a business associate of the organization; the business associate must represent that the requested PHI is the minimum necessary for the stated purpose
* when requested by a researcher after the IRB or privacy board has waived authorization, or the researcher has signed a required protocol or decedent representation
* when requested by public officials; the official must represent that the requested PHI is the minimum necessary
* when requested by the Secretary of HHS for compliance or enforcement
* for any purpose required by law
Click here http://www.bricker.com/legalservices/practice/hcare/hipaa/164.502b.asp to see Section 164.502(b) Minimum Necessary for more information.
Editor's note: Brought to you by attorneys Marty Baxter and Gretchen McBeath at Bricker and Eckler, LLP. Find Bricker and Eckler on the Web at http://www.bricker.com or e-mail Baxter at mbaxter@bricker.com and McBeath at gmcbeath@bricker.com.
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