Privacy Officer's Roundtable

Notice of Privacy Practices - Facility Directory

  • 1.  Notice of Privacy Practices - Facility Directory

    Posted 12-05-2019 01:29 PM
    Is it a requirement to tell the patient in the Notice of Privacy Practices that he has the right to opt out of being listed in the Facility Directory?  I can't find this citation anywhere.

    Leigh Wright
    Director of Privacy & Compliance
    Simplified Medical Management
    2020 SCCE Membership

  • 2.  RE: Notice of Privacy Practices - Facility Directory

    Posted 12-06-2019 06:29 AM

    Here's what the provisions say. If you're going to have a facility directory the patient has the right to adequate notice. A patient also has the ability to opt out. How are you going to notify them of that ability? You probably want to read the provisions together and outline that information in your NOPP.

    @164.520 Notice of privacy practices for protected health information.

    (a) Standard: notice of privacy practices.

    (1) Right to notice. Except as provided by paragraph (a)(2) or (3) of this section, an individual has a right to adequate notice of the uses and disclosures of protected health information that may be made by the covered entity, and of the individual's rights and the covered entity's legal duties with respect to protected health information.

    @164.510 Uses and disclosures requiring an opportunity for the individual to agree or to object.

    A covered entity may use or disclose protected health information, provided that the individual is informed in advance of the use or disclosure and has the opportunity to agree to or prohibit or restrict the use or disclosure, in accordance with the applicable requirements of this section. The covered entity may orally inform the individual of and obtain the individual's oral agreement or objection to a use or disclosure permitted by this section.

    (a) Standard: Use and disclosure for facility directories.

    Brenda Manning J.D., C.H.C., C.H.P.C.
    Compliance Director, Privacy
    Carilion Administrative Services Building, Ste. 1201
    213 S. Jefferson Street
    Roanoke, VA 24011
    (540) 224-5757
    Fax: (540) 510-224-5787
    Integrity Help Line Compliance: (844) 732-6232

    Our Mission: Improve the health of the communities we serve.

    The views expressed herein are my own and do not represent those of my employer. They are not meant to constitute legal advice or create an attorney-client relationship.

    2020 SCCE Membership