Doesnt the HIPAA Privacy Rule minimum necessary standard conflict with the HIPAA transaction standards?
No, because the Privacy Rule exempts from the minimum necessary standard any uses or disclosures that are required for compliance with the applicable requirements of the transactions standards, including disclosures of all data elements that are required or situationally required in those transactions. See 45 CFR 164.502(b)(2)(vi). However, covered entities have significant discretion as to the information included in the transactions as optional data elements. Therefore, the minimum necessary standard does apply to the optional data elements. The transactions standard adopted for the outpatient pharmacy sector is an example of a standard that uses optional data elements. The health plan, or payer, currently specifies which of the optional data elements are needed for payment of its particular pharmacy claims. The health plan or its business associates must apply the minimum necessary standard when requesting this information. In this example, a pharmacist may reasonably rely on the he
Related Questions
- Is a covered entity required to apply the HIPAA Privacy Rules minimum necessary standard to a disclosure of PHI it makes to another covered entity?
- Must the HIPAA Privacy Rules minimum necessary standard to be applied to uses or disclosure that are authorized by an individual?
- Doesnt the HIPAA Privacy Rule minimum necessary standard conflict with the HIPAA transaction standards?
