HIPPA/HITECH opt out of insurance submission

[SRubert]

I work in a outpatient physical therapy. The owner is wanting the most up to date information (something from 2021) about HIPPA/HITECH regulation that allows patients to opt out of insurance submission. We have a patient who doesn't want us to file his insurance for his PT services. Does anyone on here have any information about this or a place to direct me to? Thanks!

 

[jkyles]

Basically, HITECH strenghthend HIPAA privacy laws by allowing patients who pay for a service out of pocket to request that information about the treatment not be submitted to the health plan. I'm not sure what the owner means by wanting something from 2021, the law hasn't changed.

SEC. 13405. RESTRICTIONS ON CERTAIN DISCLOSURES AND SALES OF
HEALTH INFORMATION; ACCOUNTING OF CERTAIN PRO-
TECTED HEALTH INFORMATION DISCLOSURES; ACCESS
TO CERTAIN INFORMATION IN ELECTRONIC FORMAT.
(a) REQUESTED RESTRICTIONS ON CERTAIN DISCLOSURES OF
HEALTH INFORMATION.—In the case that an individual requests
under paragraph (a)(1)(i)(A) of section 164.522 of title 45, Code
of Federal Regulations, that a covered entity restrict the disclosure
of the protected health information of the individual, notwith-
standing paragraph (a)(1)(ii) of such section, the covered entity
must comply with the requested restriction if—
(1) except as otherwise required by law, the disclosure
is to a health plan for purposes of carrying out payment or
health care operations (and is not for purposes of carrying
out treatment); and
(2) the protected health information pertains solely to a
health care item or service for which the health care provider
involved has been paid out of pocket in full.

https://www.healthit.gov/sites/default/files/hitech_act_excerpt_from_arra_with_index.pdf

https://www.bakerdonelson.com/self-pay-confidentiality-rights-how-far-do-those-rights-go