Skip to main content
U.S. flag

An official website of the United States government

Return to Search

FAQ 204 Must CEs include incidental disclosures?

This FAQ answers if covered entities are required to document incidental disclosures permitted by the HIPAA Privacy Rule, in an accounting of disclosures provided to an individual.

Final

Issued by: Office for Civil Rights (OCR)

Are covered entities required to document incidental disclosures permitted by the HIPAA Privacy Rule, in an accounting of disclosures provided to an individual?

Answer:

No. The Privacy Rule includes a specific exception from the accounting standard for incidental disclosures permitted by the Rule. See 45 CFR 164.528(a)(1).

HHS is committed to making its websites and documents accessible to the widest possible audience, including individuals with disabilities. We are in the process of retroactively making some documents accessible. If you need assistance accessing an accessible version of this document, please reach out to the guidance@hhs.gov.

DISCLAIMER: The contents of this database lack the force and effect of law, except as authorized by law (including Medicare Advantage Rate Announcements and Advance Notices) or as specifically incorporated into a contract. The Department may not cite, use, or rely on any guidance that is not posted on the guidance repository, except to establish historical facts.