4.3.D HIPAA/Privacy: Patient Rights - Restrictions to Permitted Users and Disclosures of PHI Policy

  • POLICY:

    LHCC patients have the right to request restriction of certain uses and disclosures of their PHI that is contained within the designated record set.  LHCC must comply with a patient’s request to restrict or limit the disclosure of the individual’s PHI if

    • except as otherwise required by law, the disclosure is to a health plan for purposes of carrying out payment or health care operations; and
    • the PHI pertains solely to a healthcare item or service for which the patient paid LHCC out of pocket in full.

    PROCEDURE:

    • LHCC must permit a patient to request restrictions on the use and disclosure of PHI as contained in the designated record set.  Requests for restrictions must be presented in writing.
    • The written request must be routed to the Compliance Officer.
    • Unless otherwise required by law, LHCC must agree to a patient’s request for restriction or limitations for disclosures to the patient’s health plan for payment or health care operations purposes if the patient has paid out of pocket in full for the health care item or service and the PHI pertains solely to that item or service.
    • The patient’s request and the letter notifying the patient of the Compliance Office decision must be filed with the designated record set.
    • If request is denied, the patient must be notified in writing by the Compliance Office.
    • Documentation must include:
      • the designated record sets that are subject to restriction; and
      • the titles of person(s) processing requests.

    Revised 12/2013

  • Date Format: MM slash DD slash YYYY