Question

A notice of use and disclosure is required for

A. new patients, but not established patients.
B. patients whose personal health information the doctor intends to disclose.
C. patients treated for sensitive conditions, such as substance abuse or mental illness.
D. every patient a doctor treats.

Answer 1

I'm pretty sure the answer is D. Due to HIPAA regulations, notification of how your private information is used is required to be provided to any and all patients. At the very least, a good faith effort to give that info to the patient is required.

Answer 2

Answer: D. every patient a doctor treats.

Explanation: Presently, HIPAA’s Privacy Rule requires that patients be given a notice of use and disclosure of patient-specific information. Patients must also be given the opportunity to restrict this information. Providing notice of use and disclosure, which is required for every patient that a health provider treats, is part of the standard procedures for new patients.

Regarding the notice requirements, the Department of Health and Human Services has made the following statement:

The HIPAA Privacy Rule gives individuals a fundamental new right to be informed of the privacy practices of their health plans and of most of their health care providers, as well as to be informed of their privacy rights with respect to their personal health information. Health plans and covered health care providers are required to develop and distribute a notice that provides a clear explanation of these rights and practices. The notice is intended to focus individuals on privacy issues and concerns, and to prompt them to have discussions with their health plans and health care providers and exercise their rights.