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Notify patients of their privacy rights

Pharmacy Regulation Resource, February 5, 2004

Give patients your hospital's notice of privacy practices if your pharmacy offers retail services in its outpatient setting.

A notice of privacy practices describes how a hospital will use a patient's protected health information (PHI). It also explains the patient rights according to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) privacy rule, as well as how to file HIPAA-related complaints about privacy violations.

Hospitals must give patients a notice of privacy practices upon admission. However, the admissions department may not process some patients if they simply pick up prescriptions at the pharmacy, so pharmacies must be prepared to provide patients with notices, says Bill Sarraille, JD, a partner with the Washington, DC-based law firm Sidley Austin Brown & Wood, LLP.

Your pharmacy must use three different methods to notify patients of your hospital's privacy practices. These methods include the following:

  • Give patients a copy of the notice of privacy practices when they first receive treatment or fill a prescription.
  • Post a copy of the notice in a location visible to patients. An appropriate place would be the back wall of the pharmacy area, facing the counter, Sarraille says.
  • Post the notice of privacy practices in a downloadable version on the hospital's Web site, if the hospital maintains such a site.

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