Here is what the
US Department of Health & Human Services has to
say on how the HIPAA Privacy Rule
applies to Veri-Call's message delivery systems:
[ Source: HIPAA
Incidental Uses and Disclosures
document dated December 3, 2002; page 6
http://www.hhs.gov/ocr/hipaa/guidelines/incidentalu&d.pdf
]
May physician's
offices leave messages for patients at their
homes, either on an answering machine or with a
family member, to remind them of appointments?
May providers continue to mail appointment or
prescription refill reminders to patients'
homes?
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).