Terminating a Restriction

§164.522(a)(2) Implementation specifications: Terminating a restriction. A covered entity may terminate a restriction, if :
(i) the individual agrees to or requests the termination in writing;
(ii) the individual orally agrees to the termination and the oral agreement is documented; or
(iii) the covered entity informs the individual that it is terminating its agreement to a restriction, except that such termination is:
(A) Not effective for protected health information restricted under paragraph (a)(1)(vi) of this section; and
(B) Only effective with respect to protected health information created or received after it has so informed the individual.

Audit Inquiry

Are policies and procedures in place to terminate restrictions on the use and/or disclosure of PHI, consistent with the established performance criterion?
Obtain and review policies and procedures related to terminating restrictions of use and/or disclosure of PHI.

Has the covered entity terminated a restriction? If so, obtain and review a sample of documented terminated restriction to determine that the terminations are implemented consistent with the policies and procedures.