It is common for hospitals and other health care providers to collect preoperative information over the phone from a new patient prior to the day of surgery in order to determine whether the patient has any special medical concerns or issues that need to be addressed. Does the HIPAA Privacy Rule prohibit this practice if the patient has not yet received or acknowledged the provider's notice?

Answer:

No, the Privacy Rule does not prohibit this practice. Where a health care provider’s initial contact with a patient is simply to schedule an appointment or a procedure, or to collect information in anticipation of an appointment or a procedure, the Privacy Rule’s requirements for providing the notice and obtaining a patient’s acknowledgment of the notice may be satisfied at the time the individual arrives at the provider’s facility for his or her appointment or procedure.

Date Created: 12/20/2002