Medical Records and the Law

Additional Patient Rights Under HIPPA 225on the same day if possible. 553 If the initial telephone contact is merelyfor the purpose of obtaining pretreatment information or for schedulingthe appointment, the notice requirements do not apply. In that situation,the provider should provide notice at the time the patientappears for the treatment appointment. 554 In emergency situations, theprovider must provide the notice to the individual as soon as reasonablypracticable after the emergency treatment has been provided. 555If the provider maintains a physical service delivery site, the providermust have copies of the notice available for individuals seeking servicesto take with them, and must post the notice in a clear and prominentlocation for such individuals. 556 The rule requires that the entire noticebe posted, but does not prescribe the manner or format of posting, soproviders have discretion to design their postings in a manner mostsuitable to their treatment setting. 557 Posting the notice is not a substitutefor providing the notice to each patient. 558Healthcare providers with an indirect treatment relationship are notrequired to provide the notice, but they must provide the notice uponrequest. 559 These providers typically deliver health care to individualsbased on the orders of another healthcare provider, and provide servicesor products, or report the diagnosis or results, directly to anotherhealthcare provider, who furnishes these products or services to the individual.For example, a radiologist and, in some cases, a clinical laboratoryare providers with an indirect treatment relationship.Requirements for Electronic NoticeA covered entity that maintains a Web site that provides informationabout the covered entity’s customer services or benefits must prominentlypost its notice on the Web site and make the notice availableelectronically through the Web site. 560 The notice must be provided automaticallyin response to the patient’s first requests for service. 561 A553Ibid.554Ibid., 112.55545 C.F.R. § 164.520(c)(2)(i)(B).55645 C.F.R. § 164.520(c)(2)(iii).557Department of Health and Human Services, Standards for Privacy, 111.558Ibid., 112.55965 Fed. Reg. 82723 (Dec. 28, 2000).56045 C.F.R. § 164.520(c)(3)(i).56145 C.F.R. § 164.520(c)(3)(iii).