# HIPAA (45 CFR Part 164) 164.502(h) — Confidential communications - Source: https://support.icompaas.com/compliance/hipaa/164-502-h-confidential-communications - Section: [Compliance](https://support.icompaas.com/compliance) › [HIPAA Security, Privacy & Breach-Notification Rules](https://support.icompaas.com/compliance/hipaa) › Privacy Rule — §164.502 - Last updated: 2026-06-05 - Publisher: iCompaas, Inc. (https://www.icompaas.com) **HIPAA (45 CFR Part 164)**·§ `164.502(h)`·medium·Component: **Privacy Rule** ## What this control requires > Standard: Confidential communications: A covered health care provider or health plan must comply with the applicable requirements of 164.522(b) in communicating protected health information. 164.522(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. 164.522(b)(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. (ii) A covered entity may condition the provision of a reasonable accommodation on: (A) When appropriate, information as to how payment, if any, will be handled; and (B) Specification of an alternative address or other method of contact. (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. (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. > > — HIPAA (45 CFR Part 164), § 164.502(h) ### In plain English Standard: Confidential communications: A covered health care provider or health plan must comply with the applicable requirements of 164.522(b) in communicating protected health information. In practice, this means you can prove you information requirements-level controls on a defined cadence. ## Why it matters HIPAA non-compliance is a strict-liability matter: OCR civil monetary penalties are assessed per-record per-violation (up to USD 1.9 million per identical-violation calendar year as of 2024), and willful neglect can trigger criminal referral. ## What an auditor looks for HHS OCR investigators and SOC-2+HIPAA auditors look for the specific 45 CFR § citation, whether the safeguard is required vs addressable (and if addressable, the documented decision), the implementation specification, the workforce member responsible, and the records that show it runs. Within **Privacy Rule**, the assessor will trace your implementation back to the catalogue reference (§ 164.502(h)) and look for objective evidence on the latest two assessment cycles. ## How to implement #### Policy Management **Docs.** Keep each policy in version-controlled Markdown alongside the code that implements it; ship a signed PDF snapshot at each annual review and link the SHA into the SoA. ### Operational checklist - **Information.** Document the trigger, the owner and the cadence. - **Other.** Document the trigger, the owner and the cadence. - **Requirements.** Document the trigger, the owner and the cadence. - **Policy.** Document the trigger, the owner and the cadence. - **Confidential.** Document the trigger, the owner and the cadence. - **Scope:** requirements, management, individuals, policy, i, communications, section, b. ## Evidence to collect - **Policy Document.** A signed and version-controlled policy / standard / procedure document. Signed policy or standard documents the safeguard. Focus: Confidential communications. ## Common pitfalls - Policies that no engineer has read; the version in Confluence drifts from the version that's actually being enforced. ## How it maps to other frameworks Computed from shared tags, control component and key-operation subjects — handy when you are reconciling controls across an audit. - [**NIST SP 800-53 Rev. 5 PS-4(1)** — Post-Employment Requirements](https://support.icompaas.com/compliance/nist-sp-800-53-rev-5/ps-4-1-post-employment-requirements) - [**SOC 2 (2017 TSC) CC2.2** — Internal Communications](https://support.icompaas.com/compliance/soc-2-trust-services-criteria/cc2-2-internal-communications) ## Related controls in HIPAA (45 CFR Part 164) - [**§ 164.522(b)(1)** — Confidential Communications Requirements](https://support.icompaas.com/compliance/hipaa/164-522-b-1-confidential-communications-requirements) - [**§ 164.508(b)(4)** — Prohibition on conditioning of authorizations](https://support.icompaas.com/compliance/hipaa/164-508-b-4-prohibition-on-conditioning-of-authorizations) - [**§ 164.508(a)(1)** — Authorization requirements - general rule](https://support.icompaas.com/compliance/hipaa/164-508-a-1-authorization-requirements-general-rule) - [**§ 164.508(a)(2)** — Authorization requirements - psychotherapy notes](https://support.icompaas.com/compliance/hipaa/164-508-a-2-authorization-requirements-psychotherapy-notes) - [**§ 164.508(a)(3)** — Authorization requirements - marketing](https://support.icompaas.com/compliance/hipaa/164-508-a-3-authorization-requirements-marketing) - [**§ 164.508(b)(1)** — Authorization - defective authorizations](https://support.icompaas.com/compliance/hipaa/164-508-b-1-authorization-defective-authorizations) ## References - [U.S. HHS Office for Civil Rights — HIPAA (45 CFR Part 164)](https://www.hhs.gov/hipaa/for-professionals/index.html) - Catalogue identifier: `§ 164.502(h)` Topics: governance riskpolicy management ## Related compliance guidance - [HIPAA compliance for SaaS: a practical implementation guide](https://support.icompaas.com/compliance/hipaa): Start with the full HIPAA implementation guide — scope, roadmap, evidence and how the assessment runs. - [SOC 2 compliance: a practical implementation guide for cloud-native SaaS teams](https://support.icompaas.com/compliance/soc-2-trust-services-criteria): Most covered-entity customers accept a SOC 2 Type II report as the independent evidence that your HIPAA controls operate, since no HIPAA attestation exists. - [NIST SP 800-53 Rev. 5: a practical implementation guide for cloud teams](https://support.icompaas.com/compliance/nist-sp-800-53-rev-5): NIST publishes mappings of the Security Rule standards and implementation specifications to SP 800-53 Rev. 5 controls alongside SP 800-66 Rev. 2, so an 800-53 control set doubles as a HIPAA crosswalk.