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FAQs Categories

Treatment, Payment, and Health Care Operations Disclosures

Treatment Disclosures | General | Health Care Operations Disclosures | Payment Disclosures

Treatment Disclosures

May mental health practitioners or other specialists provide therapy to patients in a group setting where other patients and family members are present?
How does the HIPAA Privacy Rule change the laws concerning consent for treatment?
Can a pharmacist use protected health information to fill a prescription that was telephoned in by a patient's physician without the patient's written consent if the patient is a new patient to the pharmacy?
Can health care providers, such as a specialist or hospital, to whom a patient is referred for the first time, use protected health information to set up appointments or schedule surgery or other procedures without the patient's written consent?
Are health care providers restricted from consulting with other providers about a patient’s condition without the patient’s written authorization?
Does the HIPAA Privacy Rule restrict pharmacists from giving advice about over-the-counter medicines to customers?
Can a patient have a friend or family member pick up a prescription for her?
Does the HIPAA Privacy Rule permit an eye doctor to confirm a contact prescription received by a mail-order contact company?
Does a physician need a patient's written authorization to send a copy of the patient's medical record to a specialist or other health care provider who will treat the patient?
When an ambulance service delivers a patient to a hospital, is it permitted to report its treatment of the patient and patient's medical history to the hospital, without the patient's authorization?
How can I distinguish between activities for treatment or health care operations versus marketing activities?
Does the HIPAA Privacy Rule permit doctors, nurses, and other health care providers to share patient health information for treatment purposes without the patient’s authorization?
Does the HIPAA Privacy Rule permit a doctor, laboratory, or other health care provider to share patient health information for treatment purposes by fax, e-mail, or over the phone?
Does the HIPAA Privacy Rule limit what a doctor can do with a family medical history?
Under the HIPAA Privacy Rule, may a health care provider disclose protected health information about an individual to another provider, when such information is requested for the treatment of a family member of the individual?
May a covered entity that is a plaintiff or defendant in a legal proceeding use or disclose protected health information for the litigation?
Must a covered health care provider obtain an individual’s authorization to use or disclose protected health information to an interpreter?

General

What is the difference between “consent” and “authorization” under the HIPAA Privacy Rule?
Is a hospital permitted to contact another hospital or health care facility, such as a nursing home, to which a patient will be transferred for continued care, without the patient's authorization?
Is a health information organization (HIO) covered by the HIPAA Privacy Rule?

Health Care Operations Disclosures

May a health care provider disclose protected health information to a health plan for the plan's Health Plan Employer Data and Information Set (HEDIS)?
Does the HIPAA Privacy Rule permit a covered entity or its collection agency to communicate with parties other than the patient (e.g., spouses or guardians) regarding payment of a bill?
How does the HIPAA Privacy Rule apply to professional liability insurance? Specifically, how can professional liability insurers continue to arrange for and maintain medical liability insurance for health care providers covered by the Rule?
How can I distinguish between activities for treatment or health care operations versus marketing activities?
When may a covered health care provider disclose protected health information, without an authorization or business associate agreement, to a medical device company representative?

Payment Disclosures

Does the HIPAA Privacy Rule prevent reporting to consumer credit reporting agencies or otherwise create any conflict with the Fair Credit Reporting Act (FCRA)?
Does the HIPAA Privacy Rule prevent health plans and providers from using debt collection agencies? Does the Privacy Rule conflict with the Fair Debt Collection Practices Act?
Are location information services of collection agencies, which are required under the Fair Debt Collection Practices Act, permitted under the HIPAA Privacy Rule?
Does the HIPAA Privacy Rule require a business associate to create a notice of privacy practices?
Does the Privacy Rule permit health plans to disclose protected health information to pharmaceutical manufacturers for the adjudication of drug rebate contracts?
Does the Privacy Rule permit state Medicaid agencies to disclose protected health information to pharmaceutical manufacturers and third party data vendors for purposes of validating claims under the Medicaid Drug Rebate program?
May a Medicaid state agency and a Medicare Advantage plan share protected health information to identify dually eligible enrollees?