[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR164.522]



[Page 782-783]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 164_SECURITY AND PRIVACY--Table of Contents

 

    Subpart E_Privacy of Individually Identifiable Health Information

 

Sec.  164.522  Rights to request privacy protection for protected health 

information.



    (a)(1) Standard: Right of an individual to request restriction of 

uses and disclosures. (i) A covered entity must permit an individual to 

request that the covered entity restrict:

    (A) Uses or disclosures of protected health information about the 

individual to carry out treatment, payment, or health care operations; 

and

    (B) Disclosures permitted under Sec.  164.510(b).

    (ii) A covered entity is not required to agree to a restriction.

    (iii) A covered entity that agrees to a restriction under paragraph 

(a)(1)(i) of this section may not use or disclose protected health 

information in violation of such restriction, except that, if the 

individual who requested the restriction is in need of emergency 

treatment and the restricted protected health information is needed to 

provide the emergency treatment, the covered entity may use the 

restricted protected health information, or may disclose such 

information to a health care provider, to provide such treatment to the 

individual.

    (iv) If restricted protected health information is disclosed to a 

health care provider for emergency treatment under paragraph (a)(1)(iii) 

of this section, the covered entity must request that such health care 

provider not further use or disclose the information.

    (v) A restriction agreed to by a covered entity under paragraph (a) 

of this section, is not effective under this subpart to prevent uses or 

disclosures permitted or required under Sec. Sec.  164.502(a)(2)(ii), 

164.510(a) or 164.512.

    (2) Implementation specifications: Terminating a restriction. A 

covered entity may terminate its agreement to a restriction, if :

    (i) The individual agrees to or requests the termination in writing;

    (ii) The individual orally agrees to the termination and the oral 

agreement is documented; or

    (iii) The covered entity informs the individual that it is 

terminating its agreement to a restriction, except that such termination 

is only effective with respect to protected health information created 

or received after it has so informed the individual.

    (3) Implementation specification: Documentation. A covered entity 

that agrees to a restriction must document the restriction in accordance 

with Sec.  164.530(j).

    (b)(1) Standard: Confidential communications requirements. (i) A 

covered health care provider must permit individuals to request and must 

accommodate reasonable requests by individuals to receive communications 

of protected health information from the covered health care provider by 

alternative means or at alternative locations.

    (ii) A health plan must permit individuals to request and must 

accommodate reasonable requests by individuals to receive communications 

of protected health information from the health plan by alternative 

means or at alternative locations, if the individual clearly states that 

the disclosure of all or part of that information could endanger the 

individual.



[[Page 783]]



    (2) Implementation specifications: Conditions on providing 

confidential communications. (i) A covered entity may require the 

individual to make a request for a confidential communication described 

in paragraph (b)(1) of this section in writing.

    (ii) A covered entity may condition the provision of a reasonable 

accommodation on:

    (A) When appropriate, information as to how payment, if any, will be 

handled; and

    (B) Specification of an alternative address or other method of 

contact.

    (iii) A covered health care provider may not require an explanation 

from the individual as to the basis for the request as a condition of 

providing communications on a confidential basis.

    (iv) A health plan may require that a request contain a statement 

that disclosure of all or part of the information to which the request 

pertains could endanger the individual.



[65 FR 82802, Dec. 28, 2000, as amended at 67 FR 53271, Aug. 14, 2002]