HIPAA Privacy Rule | Individual Rights

Under the HIPAA Privacy Rule, individuals also have numerous rights that have been well-documented, specifically, the following:

  • The right to access Protected Health Information (PHI) by and individual, which is often referred to as a patient.
  • The right to for requesting certain restrictions regarding the use and disclosure of PHI.
  • The right to authorize marketing communication.

More specifically, the following sections within Subpart E, § 164.500 through § 164.534 discuss various privacy rights for individuals:

  • § 164.520 - “an individual has a right to adequate notice of the uses and disclosures of protected health information…”
  • § 164.522 - “must permit an individual to request that the Covered Entity restrict use or disclosure of Protected Health Information about the individual to carry out treatment, payment or health care operations and restrictions related to family members, friends…”
  • § 164.524 - “an individual has a right of access to inspect and obtain a copy of Protected Health Information about the individual in a designated record set, for as long as the protected health information is maintained in the designated record set”.
  • § 164.526 - “An individual has the right to have a Covered Entity amend Protected Health Information in a designated record set for as long as the Protected Health Information is maintained in the record set”.
  • § 164.528 - Similar in context to § 164.526.

Additionally, many other individual (i.e., patient) rights are discussed within the aforementioned sections of Subpart E, § 164.500 through § 164.534.

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