If a health care provider chooses to obtain an individual’s consent to use or disclose protected health information about them, does the provider also have to make a good faith effort to obtain the individual’s acknowledgement of the notice?

Yes. The HIPAA Privacy Rule requires that a covered health care provider with a direct treatment relationship with individuals make a good faith effort to obtain written acknowledgments from those individuals that they have received the provider’s notice, regardless of whether the provider also chooses to obtain the individuals’ consent. However, those providers that choose to obtain consent from individuals have discretion to design one form that includes both a consent and the acknowledgment of receipt of the notice.

October 2018

Tags: Notice of Privacy, HIPPA