This module will review the following:
- The Privacy Rule
- The required Notice of Privacy Practices
- Specific rights of people that are protected by the Privacy Rule
If there is reason to believe that information can be used to identify someone, it should be protected.
Notice of Privacy Practices
Notice of Privacy Practices
All people receive a Notice of Privacy Practices (NPP). It tells them how the facility uses or shares their PHI with others. The NPP describes the facility’s duty to protect privacy. It explains their rights as people being cared for by the facility. If they have questions or wish to make a complaint, the NPP also includes contact information for the person who can help
In certain circumstances, people have the right to ask to whom their PHI has been disclosed. This is their right to an accounting of disclosures. People can request a report on when and why their health information was shared. The facility provides a written report of disclosures. The report includes the following:
When the facility shared the PHI
Who received the PHI
What PHI the facility shared
Why the facility shared the PHI
This request is related to the use and release of health information that was not for care, payment, or facility operations.
People can request a report for up to the last six years. The facility provides the report within 60 days of the request. The NPP describes the steps to request a report. The NPP also includes the name of the person to contact to request a report. The facility provides the first report within a year for free. They can charge for additional reports within the same 12-month period.
Confidential communication
Paper documents with a shield and lock on top of them.
People can tell a facility how to contact them. This is the right to confidential communication. A person may not want their family to know about a health issue.
The individual tells the facility how to communicate with them. The facility needs to use the number or address the individual requests.
Filing a complaint
If a person believes their rights have been denied or their health data is not safe, they can:
File a complaint with their provider or health insurer.
File a complaint with the Office for Civil Rights.
The NPP explains whom to contact so that complaints can be addressed quickly. It is important that healthcare workers learn what is in the NPP. It will state who is responsible for handling privacy complaints at the facility.