Puerto Rico Request for Restrictions on Uses and Disclosures of Protected Health Information
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FAQ
HIPAA has been amended numerous times throughout the past 23 years, with each amendment slowly expanding it into the law that is recognizable today. Most importantly to overseas organizations, HIPAA sets standards for safeguarding patient protected health information (PHI).
HIPAA will apply to covered entities and business associates within the United States, even with respect to non-United States citizens or residents.
Covered entities doing business in Puerto Rico are subject to compliance. HIPAA Puerto Rico consists of compliance with both federal HIPAA, as well as local Puerto Rico laws regarding medical record privacy and security.
Under the new rule, individuals now have a right to obtain restrictions on the disclosure of health information (protected health information or PHI) in electronic or any other form to a health plan for payment or healthcare operations with respect to specific items and services for which the individual has paid the
A covered entity is required to agree to an individual's request to restrict the disclosure of their PHI to a health plan when both of the following conditions are met: (1) the disclosure is for payment or health care operations and is not otherwise required by law; and (2) the PHI pertains solely to a health care item
Two types of government-funded programs are not health plans: (1) those whose principal purpose is not providing or paying the cost of health care, such as the food stamps program; and (2) those programs whose principal activity is directly providing health care, such as a community health center,5 or the making of
Under the new rule, individuals now have a right to obtain restrictions on the disclosure of health information (protected health information or PHI) in electronic or any other form to a health plan for payment or healthcare operations with respect to specific items and services for which the individual has paid the
Covered entities doing business in Puerto Rico are subject to compliance. HIPAA Puerto Rico consists of compliance with both federal HIPAA, as well as local Puerto Rico laws regarding medical record privacy and security.
What is a patient required to do in order for a request to restrict the use or disclosure of their PHI to their health plan to be granted? The Privacy Rule allows for a patient to request that no information be shared with others even to the point of not acknowledging the patient's presence in the covered entity.
Regardless of the method by which de-identification is achieved, the Privacy Rule does not restrict the use or disclosure of de-identified health information, as it is no longer considered protected health information, according to HHS.
