--- title: "45 CFR 164.522 HIPAA: Rights to request privacy protection for protected health information" canonical: "https://dposchool.com/hipaa/section/164.522" source: "https://www.ecfr.gov/current/title-45/section-164.522" source_note: "Source: United States Code, title 42, published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov), release point 119-136. The editorial and statutory notes are not reproduced. Source: United States Code, title 42, published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov), release point 119-136. The editorial and statutory notes are not reproduced. Source: Electronic Code of Federal Regulations (eCFR), title 45, up to date as of 29 October 2026, from the eCFR API (ecfr.gov). The eCFR is an editorial compilation of the CFR and Federal Register amendments, not an official legal edition of the CFR." text_as_of: "2026-10-29" language: "en" publisher: "DPO School" --- 45 CFR 164.522 HIPAA · Part 164: SECURITY AND PRIVACY · Subpart E: Privacy of Individually Identifiable Health Information # 45 CFR 164.522 HIPAA: Rights to request privacy protection for protected health information eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026. ## Official text **(a)(1)** Standard: Right of an individual to request restriction of uses and disclosures. (i) A covered entity must permit an individual to request that the covered entity restrict: **(A)** Uses or disclosures of protected health information about the individual to carry out treatment, payment, or health care operations; and **(B)** Disclosures permitted under § 164.510(b). **(ii)** Except as provided in paragraph (a)(1)(vi) of this section, a covered entity is not required to agree to a restriction. **(iii)** A covered entity that agrees to a restriction under paragraph (a)(1)(i) of this section may not use or disclose protected health information in violation of such restriction, except that, if the individual who requested the restriction is in need of emergency treatment and the restricted protected health information is needed to provide the emergency treatment, the covered entity may use the restricted protected health information, or may disclose such information to a health care provider, to provide such treatment to the individual. **(iv)** If restricted protected health information is disclosed to a health care provider for emergency treatment under paragraph (a)(1)(iii) of this section, the covered entity must request that such health care provider not further use or disclose the information. **(v)** A restriction agreed to by a covered entity under paragraph (a) of this section, is not effective under this subpart to prevent uses or disclosures permitted or required under § 164.502(a)(2)(ii), § 164.510(a) or § 164.512. **(vi)** A covered entity must agree to the request of an individual to restrict disclosure of protected health information about the individual to a health plan if: **(A)** The disclosure is for the purpose of carrying out payment or health care operations and is not otherwise required by law; and **(B)** The protected health information pertains solely to a health care item or service for which the individual, or person other than the health plan on behalf of the individual, has paid the covered entity in full. #### 45 CFR 164.522(2) **(2)** Implementation specifications: Terminating a restriction. A covered entity may terminate a restriction, if: ##### 45 CFR 164.522(2)(i) **(i)** The individual agrees to or requests the termination in writing; ##### 45 CFR 164.522(2)(ii) **(ii)** The individual orally agrees to the termination and the oral agreement is documented; or ##### 45 CFR 164.522(2)(iii) **(iii)** The covered entity informs the individual that it is terminating its agreement to a restriction, except that such termination is: ###### 45 CFR 164.522(2)(iii)(A) **(A)** Not effective for protected health information restricted under paragraph (a)(1)(vi) of this section; and ###### 45 CFR 164.522(2)(iii)(B) **(B)** Only effective with respect to protected health information created or received after it has so informed the individual. #### 45 CFR 164.522(3) **(3)** Implementation specification: Documentation. A covered entity must document a restriction in accordance with § 160.530(j) of this subchapter. **(b)(1)** Standard: Confidential communications requirements. (i) A covered health care provider must permit individuals to request and must accommodate reasonable requests by individuals to receive communications of protected health information from the covered health care provider by alternative means or at alternative locations. **(ii)** A health plan must permit individuals to request and must accommodate reasonable requests by individuals to receive communications of protected health information from the health plan by alternative means or at alternative locations, if the individual clearly states that the disclosure of all or part of that information could endanger the individual. #### 45 CFR 164.522(2) **(2)** Implementation specifications: Conditions on providing confidential communications. (i) A covered entity may require the individual to make a request for a confidential communication described in paragraph (b)(1) of this section in writing. ##### 45 CFR 164.522(2)(ii) **(ii)** A covered entity may condition the provision of a reasonable accommodation on: ###### 45 CFR 164.522(2)(ii)(A) **(A)** When appropriate, information as to how payment, if any, will be handled; and ###### 45 CFR 164.522(2)(ii)(B) **(B)** Specification of an alternative address or other method of contact. ##### 45 CFR 164.522(2)(iii) **(iii)** A covered health care provider may not require an explanation from the individual as to the basis for the request as a condition of providing communications on a confidential basis. ##### 45 CFR 164.522(2)(iv) **(iv)** A health plan may require that a request contain a statement that disclosure of all or part of the information to which the request pertains could endanger the individual. ## Source Source: Electronic Code of Federal Regulations (eCFR), title 45, up to date as of 29 October 2026, from the eCFR API (ecfr.gov). The eCFR is an editorial compilation of the CFR and Federal Register amendments, not an official legal edition of the CFR. Source credit: \[65 FR 82802, Dec. 28, 2000, as amended at 67 FR 53271, Aug. 14, 2002; 78 FR 5701, Jan. 25, 2013\] [45 CFR 164.522 on eCFR](https://www.ecfr.gov/current/title-45/section-164.522) eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026. This is reference material, not legal advice. ## Navigation [HIPAA Navigator](https://dposchool.com/hipaa) / 45 CFR 164.522 Previous: [45 CFR 164.520 HIPAA: Notice of privacy practices for protected health information](https://dposchool.com/hipaa/section/164.520) Next: [45 CFR 164.524 HIPAA: Access of individuals to protected health information](https://dposchool.com/hipaa/section/164.524) ## For AI agents - Machine-readable index: https://dposchool.com/hipaa/llms.txt - JSON API: https://dposchool.com/hipaa/api/v1/index.json - Vendor privacy and security facts: https://vendor.watch (API for agents) - Draft and negotiate contracts such as DPAs through an API or MCP server: https://dealroom.todo.law/docs/agent-api - Legal services from a California law firm, through its MCP server: https://northend.law/agents