What Is the HIPAA Minimum Necessary Standard?

The minimum necessary standard requires covered entities and business associates to make reasonable efforts to limit uses, disclosures, and requests of PHI to the minimum needed for the intended purpose. Examples of exceptions include disclosures to or requests by a health care provider for treatment, disclosures to the individual, uses or disclosures under a valid authorization, required disclosures to HHS for compliance or enforcement, and uses or disclosures required by law.

The standard. 45 CFR 164.502(b) states the general rule, and 45 CFR 164.514(d) sets the implementation requirements.

Exceptions. Under 45 CFR 164.502(b)(2), the standard does not apply to:

• disclosures to or requests by a health care provider for treatment;
• uses or disclosures to the individual who is the subject of the information;
• uses or disclosures made under a valid authorization;
• required disclosures to HHS under Part 160, Subpart C, for compliance and enforcement;
• uses or disclosures required by law;
• uses or disclosures required for compliance with the HIPAA Administrative Simplification rules.

Workforce access. A covered entity must identify the persons or classes of workforce members who need access to PHI to do their jobs, the categories of PHI they need, and any conditions on that access (45 CFR 164.514(d)(2)).

Routine and nonroutine disclosures. For routine, recurring disclosures, policies may set standard protocols. Nonroutine disclosures must be reviewed individually against criteria the covered entity develops (45 CFR 164.514(d)(3)).

Note. Learn Laws® is a training company, not a law firm. This FAQ summarizes federal rules for general information and is not legal advice. HHS and OCR do not endorse any private consultants' or education providers' seminars, materials or systems, and do not certify any persons or products as "HIPAA compliant."