NRPM: Standards for Privacy of Individually Identifiable Health Information. d. Requirements for distribution of the notice.


It is critical to the effectiveness of this proposed rule that individuals be given the notice often enough to remind them of their rights, but without overburdening covered plans or providers. We propose that all covered plans and providers would be required make their notice available to any individual upon request, regardless of whether the requestor is already a patient or enrollee. We believe that broad availability would encourage individuals or organizations to compare the privacy practices of plans or providers to assist in making enrollment or treatment choices. We also propose additional distribution requirements for updating notices, which would be different for health plans and health care providers. The requirements for health plans and health care providers are different because we recognize that they have contact with individuals at different points in time in the health care system.