What is the “minimum necessary” standard?
The Privacy Rules require a physician to make reasonable efforts to limit the amount of protected health information that the physician uses or discloses to the minimum amount that is necessary to accomplish the purpose of the use or disclosure. Importantly, this requirement does not apply when a physician discloses information to another provider for treatment purposes or when a physician requests information from another provider for treatment purposes. Accordingly, the minimum necessary standard should not interfere with a physician’s ability to provide appropriate treatment to patients. The minimum necessary standard also does not apply when the physician releases information: (a) directly to the patient, (b) pursuant to a patient’s authorization, or (c) for disclosures that are required by law or are necessary to comply with the Privacy Rules.
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