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2009/10/01 A health care provider that provides a health care service to an individual after obtaining consent from the individual, may bill for such service even if the individual immediately revokes consent after the service has been provided. The Privacy Rule requires that an individual be permitted to revoke consent, but provides that the revocation is not effective to the extent that the health care provider has acted in reliance on the consent. Where the provider has obtained a consent and provided a health care service pursuant to that consent with the expectation that he or she could bill for the service, the health care provider has acted in reliance on the consent. The revocation would not interfere with the billing or reimbursement for that care.

2009/09/16 The implementation specifications for this provision require a covered entity to develop and implement policies and procedures appropriate for its own organization, reflecting the entity's business practices and workforce. We understand this guidance will not answer all questions pertaining to the minimum necessary standard, especially as applied to specific industry practices. As more questions arise with regard to application of the minimum necessary standard to particular circumstances, we will provide more detailed guidance and clarification on this issue.