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HIPAA
Laws protect Appointment Confirmation.
Appointment reminder calls are protected by HIPAA laws. The following is an excerpt from "HHS
Questions & Answers" provided by the US
Department of Health & Human Services regarding the actual written law.
OCR
HIPAA Privacy MARKETING
[45 CFR 164.501, 164.508(a)(3)]
December 3, 2002
Q: Are appointment reminders allowed under the HIPAA Privacy Rule
without authorizations?
A: Yes, appointment reminders are considered
part of treatment of an individual and, therefore, can be made
without an authorization.
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Q:
May physician's offices or pharmacists leave messages for patients
at their homes, either on an answering machine or with a family
member,
to remind them of appointments or to inform them that a prescription
is ready? May providers continue to mail appointment or prescription
refill reminders to patients' homes?
A: Yes. The HIPAA Privacy Rule permits health care providers
to communicate with patients regarding their health care. This
includes
communicating
with patients at their homes, whether through the mail or
by phone or in some other manner. In addition, the Rule does
not
prohibit
covered entities from leaving messages for patients on their
answering machines. However, to reasonably safeguard the individual's
privacy,
covered entities should take care to limit the amount of information
disclosed on the answering machine. For example, a covered
entity might want to consider leaving only its name and number
and
other information necessary to confirm an appointment, or
ask the individual
to call back.
A covered entity also may leave a message with a family member or other person
who answers the phone when the patient is not home. The Privacy
Rule permits covered entities to disclose limited information
to family members, friends, or other persons regarding an
individual's care, even when the individual is not present. However,
covered
entities should use professional judgment to assure that such
disclosures are in the best interest of the individual and
limit the information disclosed. See 45 CFR 164.510(b)(3).
In situations where a patient has requested that the covered entity communicate
with him in a confidential manner, such as by alternative
means or at an alternative location, the covered entity must
accommodate
that request, if reasonable. For example, the Department considers
a request to receive mailings from the covered entity in a
closed envelope rather than by postcard to be a reasonable
request
that should be accommodated. Similarly, a request to receive
mail from
the covered entity at a post office box rather than at home,
or to receive calls at the office rather than at home are
also considered
to be reasonable requests, absent extenuating circumstances.
See 45 CFR 164.522(b).
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