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FAQ 333 Does the HIPAA Privacy Rule permit health care providers to obtain an electronic acknowledgement of the notice from individuals?

This is a FAQ reqgarding the HIPAA Notice of Privacy Practices requirement. The target audience is health care professionals.

Final

Issued by: Office for Civil Rights (OCR)

Does the HIPAA Privacy Rule permit health care providers to obtain an electronic acknowledgement of the notice from individuals?

Answer:

Yes. For notice delivered electrically, an electronic return receipt or other return transmission from the individual is considered a valid written acknowledgment of the notice. A provider who gives his paper notice to a patient during a face-to-face encounter with the individual at first service delivery may also obtain an electronic acknowledgment from the individual, provided that the individual’s acknowledgment is in writing. Thus, a receptionist’s notation in the provider’s computer system of the individual’s receipt of the notice would not be considered a valid written acknowledgment of the individual.

Date Created: 12/20/2002

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