When does the minimum necessary standard apply? 

The Minimum Necessary Standard requires activities like billing, administration, and auditing to be limited to the minimum information reasonably required. While secure communication methods, like HIPAA compliant email keep information secure, it’s still advised organizations take additional safeguards, like following the Minimum Necessary Standard. 

What is the Minimum Necessary Standard?

The Minimum Necessary Standard is a part of the Privacy Rule requiring covered entities to limit the access, use, and disclosure of protected health information (PHI). A study published in Genetics in Medicine states, “The minimum necessary standard requires HIPAA-regulated entities to use, disclose, and request PHI parsimoniously so that their activities implicate the smallest amount of PHI that is ‘reasonably necessary’ to achieve the data user’s intended purpose…” 

Reasonably necessary means providing the smallest amount needed to accomplish the purpose of the message. The principle stems from the need for healthcare organizations to establish confidentiality practices to assess and adapt their procedures to avoid unnecessary exposure. 

When does the Minimum Necessary Standard apply? 

Routine and recurring disclosures

The standard applies to regular, ongoing disclosures of PHI that are not related to treatment. Covered entities must have policies to limit these disclosures to what is required. An example of this limitation is a healthcare provider regularly sharing information with an external billing company for payment. The provider should only share financial and demographic information, not medical information. 

Nonroutine disclosures

When disclosures occur less frequently or involve unique routine requests, the information shared has to remain limited to the needs of each request. The organization has to assess the minimum necessary for that specific purpose. For example, if a health plan receives a one-time request from a law enforcement agency for information about a patient. The request should be reviewed and disclosed only to the required PHI like specific time frames or related to specific treatments. 

Requests for PHI from other covered entities or third parties

When another covered entity or external organization requests access to PHI, the information shared should be limited to the fulfillment of the request. For example, if an insurer requests information related to a claim, the information shared should be limited to the treatment related to the claim and not a complete medical history. 

FAQs

When does the Minimum Necessary Standard not apply? 

Disclosures for treatment, for disclosures to federal and state agencies, and when disclosures are made with patient authorization. 

What is the Privacy Rule?

It establishes national standards to protect people's medical records and PHI. 

What is the HITECH Act?

The Act promotes the adoption and use of health information technology and electronic health records.