Minimum Necessary Archives - HIPAA Templates

May a covered entity accept documentation of an external Institutional Review Board’s (IRB) waiver of authorization for purposes of reasonably relying on the request as the minimum necessary?

Yes. The HIPAA Privacy Rule explicitly permits a covered entity [...]

Lee Russell2020-09-10T21:21:19-04:00Minimum Necessary, Research Uses and Disclosures, Smaller Providers and Businesses|

Is a covered entity required to apply the HIPAA Privacy Rule’s minimum necessary standard to a disclosure of protected health information it makes to another covered entity?

Covered entities are required to apply the minimum necessary standard [...]

Lee Russell2020-09-10T21:20:44-04:00Minimum Necessary, Smaller Providers and Businesses|

In limiting access, are covered entities required to completely restructure existing workflow systems, including redesigning office space and upgrading computer systems, in order to comply with the HIPAA Privacy Rule’s minimum necessary requirements?

No. The basic standard for minimum necessary uses requires that [...]

Lee Russell2020-09-10T21:20:16-04:00Minimum Necessary, Safeguards, Smaller Providers and Businesses|

A provider might have a patient’s medical record that contains older portions of a medical record that were created by another previous provider. Will the HIPAA Privacy Rule permit a provider who is a covered entity to disclose a complete medical record even though portions of the record were created by other providers?

Yes, the Privacy Rule permits a provider who is a [...]

Lee Russell2020-09-10T21:19:52-04:00Minimum Necessary, Smaller Providers and Businesses|

Does the HIPAA Privacy Rule strictly prohibit the use, disclosure, or request of an entire medical record? If not, are case-by-case justifications required each time the entire medical record is disclosed?

No. The Privacy Rule does not prohibit the use, disclosure, [...]

Lee Russell2020-09-10T21:19:23-04:00Minimum Necessary, Smaller Providers and Businesses|

Doesn’t the HIPAA Privacy Rule minimum necessary standard conflict with the HIPAA transaction standards?

No, because the Privacy Rule exempts from the minimum necessary [...]

Lee Russell2020-09-10T21:18:57-04:00Minimum Necessary, Smaller Providers and Businesses|

Are providers required to make a minimum necessary determination to disclose to Federal or state agencies, such as the Social Security Administration (SSA) or its affiliated agencies, for individuals’ applications for federal or state benefits?

No. These disclosures must be authorized by an individual and, [...]

Lee Russell2020-09-10T21:18:34-04:00Minimum Necessary, Smaller Providers and Businesses|

Must the HIPAA Privacy Rule’s minimum necessary standard to be applied to uses or disclosures that are authorized by an individual?

No. Uses and disclosures that are authorized by the individual [...]

Lee Russell2020-09-10T21:18:14-04:00Minimum Necessary, Smaller Providers and Businesses|

Do the HIPAA Privacy Rule’s minimum necessary requirements prohibit medical residents, medical students, nursing students, and other medical trainees from accessing patient medical information in the course of their training?

No. The definition of “health care operations” in the Privacy [...]

Lee Russell2020-09-10T21:17:39-04:00Minimum Necessary, Smaller Providers and Businesses|

Won’t the HIPAA Privacy Rule’s minimum necessary restrictions impede the delivery of quality health care by preventing or hindering necessary exchanges of patient medical information among health care providers involved in treatment?

No. Disclosures for treatment purposes (including requests for disclosures) between [...]

Lee Russell2020-09-10T21:17:18-04:00Minimum Necessary, Smaller Providers and Businesses|