American Academy of Professional Coders (AAPC) Practice Exam

Which of the following is NOT an exception to the minimum necessary standard under HIPAA?

1. Disclosures to a health care provider for treatment purposes

2. Disclosures to an individual concerning their own information

3. Disclosures for marketing purposes

4. Disclosures as required by the Department of Health and Human Services

The correct answer is: Disclosures for marketing purposes

The minimum necessary standard under HIPAA requires covered entities to only disclose the minimum amount of protected health information (PHI) needed to accomplish the intended purpose of the disclosure. Certain exceptions allow for broader disclosures without adhering strictly to the minimum necessary requirement. When considering the exceptions to the minimum necessary standard, disclosures to a healthcare provider for treatment purposes and disclosures to an individual concerning their own information are both valid exceptions. These disclosures are essential for providing care and ensuring individuals access their health information, which aligns with HIPAA's goals of protecting health information while also facilitating healthcare delivery. Additionally, disclosures required by the Department of Health and Human Services are another exception because compliance with regulations and investigations necessitates full access to relevant health information. However, disclosures for marketing purposes are not an exception to the minimum necessary standard. HIPAA has specific rules surrounding marketing that generally require authorization due to the sensitive nature of PHI and the potential for misuse of the data in marketing contexts. Therefore, the correct response highlights that not all intended uses of health information automatically receive exception status under HIPAA, particularly when it serves interests such as marketing.