Medicare General Information, Eligibility and Entitlement Manual (Pub. 100-01), Ch. 6 § 170.2
Disclosure to Contractors
170.2 - Disclosure to Contractors
(Rev. 1, 09-11-02)
Providers and suppliers may not forward medical information to contractors on a
confidential basis, expressed, or implied, since, under the Privacy Act, any medical
information obtained by a contractor is subject to disclosure to the individual to whom
the information pertains or to another person authorized by the individual to have access
to it.
Some providers and suppliers document findings on medical forms pre-printed
"confidential" or routinely stamp all records "confidential" whether or not such records
are ever intended for disclosure to a contractor. The contractor will accept such records
only if the provider or supplier accompanies them with a signed statement indicating the
following:
•
That the provider or supplier understands the information is subject to disclosure
to the patient under the Privacy Act, and
•
That any words or statements that the transmitted records are confidential may be
disregarded if the patient or the patient's representative requests them from the
contractor or from CMS.