Policy Manual


Restriction Requests on the Use and Disclosure of Protected Health Information      

Type: Policy                 Category: General                 Level: Community Care 

Parties: Community Care employees and contractees

Printer Friendly Version: http://apps.comcareme.org/policymanual/default.aspx?code=1.ME.52&nonav=yes

Supporting References: HIPAA Privacy Rule Standard 164:522(a)

Parent Effective Date Approval Level Revision Dates Last Reviewed
N/A  4-13-2003  Board    4-13-2003
Related Document Code Related Document Name Type
1.MEP.11 Restriction Requests on the Use of PHI Procedure

Policy:  Community Care must permit an individual to request a restriction on the uses and/or disclosures of protected health information that it uses to: carry out treatment, payment, or health care operations; inform a family member, other relative, or a close personal friend about the individual’s care, payment, location, general condition, or death; a public or private entity authorized by law or charter to assist in disaster relief efforts. All agreed upon restrictions must be in writing and must be kept for a minimum of six years. Community Care is NOT required to agree to a restriction. If Community Care agrees to the restriction, it can only then use or disclose the protected health information if the individual is in need of emergency treatment and the information is needed to provide that treatment. In the emergency situation, Community Care must request that the disclosed health information not be further used or disclosed. Entities may terminate an agreement to a restriction if: the individual agrees or requests the termination in writing; the individually orally agrees to the termination and that agreement is documented; or the covered entity informs the individual that it is terminating its agreement to the restriction.