You are correct. The rule requires accounting for all disclosures, except those disclosures included in the exclusions list at 164.528. Generally what is left after you exclude those, is "public purpose disclosures" (generally the 164.512 disclosures) and disclosures made in error. This has been included in OCR's material for the National Conferences and stated by OCR at several recent teleconferences.
regards, lhc Leah Hole-Curry, JD FOX Systems, Inc. 602.708.1045 Information transmitted is confidential and may be proprietary to FOX Systems, Inc. It is intended only for the person or entity to which it is addressed. Anyone else is prohibited from disclosing, copying, or disseminating the contents or attachments. If you receive this in error, please notify sender immediately, or us at www.foxsys.com and delete from your system. >>> "rachelmcass" <[EMAIL PROTECTED]> 04/02/03 05:57 AM >>> I attended education yesterday for nursing facility providers, in which a representative of the state's Department of Inspections and Appeals - our health oversight agency in Iowa for nursing facilities - stated that facilities do not need to account for disclosures made to them during a survey. Among the reasons he seemed to be listing were: 1) they are not a covered entity, 2)they are not a business associate, and 3) we (the facilities) are required by law to make those disclosures. It is my understanding that we must account for *all* disclosures made outside of treatment, payment, and healthcare operations, with the only exceptions being those specifically listed in 164.528(a)(1). The only thing I found anywhere in the rule that might indicate we would not account for disclosures made for health oversight purposes was 164.528(a)(2), which states: (2).. (i) The covered entity must temporarily suspend an individual's right to receive an accounting of disclosures to a health oversight agency or law enforcement official, as provided in § 164.512(d) or (f), respectively, for the time specified by such agency or official, if such agency or official provides the covered entity with a written statement that such an accounting to the individual would be reasonably likely to impede the agency's activities and specifying the time for which such a suspension is required. (ii) If the agency or official statement in paragraph (a)(2)(i) of this section is made orally, the covered entity must: (A) Document the statement, including the identity of the agency or official making the statement; (B) Temporarily suspend the individual's right to an accounting of disclosures subject to the statement; and (C) Limit the temporary suspension to no longer than 30 days from the date of the oral statement, unless a written statement pursuant to paragraph (a)(2)(i) of this section is submitted during that time. This does not say to me that a provider will not account for disclosures to health oversight agencies; in fact, I think it means quite the opposite. Also, I think the fact that the DIA is not a covered entity is irrelevant; if the facility is covered, it must account, even when the disclosure is required by law. I would appreciate any input from the group, or if anyone knows of a justification or regulatory reference that indicates a provider would not account for a disclosure made to a health oversight agency. An afterthought question - would a facility also account for wrongful disclosures of which it becomes aware (I'm not talking about incidental disclosures, but violations, for instance, by workforce members)? Thanks in advance! Rachel IMPORTANT NOTICE: This e-mail, including attachments, may be confidential or privileged communication intended for the exclusive use of the person or entity to which it is addressed. If the reader of this e-mail is not the intended recipient, the reader is hereby notified that any dissemination, distribution or copying of this e-mail is strictly prohibited. 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