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DHHS Stresses "Reasonableness" Standard In Applying Privacy Rules

The Department of Health and Human Services released the first privacy rule guidance documents in July. The guidance helped to lessen some concerns about the potentially strict standard that the DHHS would expect covered entities to adhere to. The DHHS stressed that compliance with the privacy rule would be governed by a reasonableness standard. In addition, the guidance made it clear that the minimum necessary provisions do not apply to the following, among others:

• Disclosures to or requests by a provider for treatment purposes;
• Disclosures to the patient who is the subject of the information;
• Disclosures or uses in accordance with an authorization directed by the patient himself.

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