1. Your practice
2. What applies to you
What Every Notice Must Include
| Required element | What it says |
|---|---|
| Header | The exact statement in capital letters that begins "This notice describes how medical information about you may be used and disclosed" |
| Uses and disclosures | Treatment, payment and operations with an example of each, plus every other purpose allowed without permission |
| Stricter laws | Where state law or 42 CFR Part 2 gives more protection, the notice must reflect it |
| Uses that need permission | Marketing, sale of information, most psychotherapy notes, and anything not in the notice |
| Patient rights | Access, amendment, confidential communications, restrictions, an accounting of disclosures, a paper copy |
| Your duties | Keep information private, give the notice, notify after a breach, follow the notice, how you will share changes |
| Complaints | How to complain to you and to HHS, and that you will not retaliate |
| Contact and effective date | A name or title and phone number, and the date the notice takes effect |
The February 2026 Part 2 Update
If your practice creates, receives or keeps substance use disorder treatment records covered by 42 CFR Part 2, your notice needed two new statements by February 16, 2026. Tick the Part 2 box above to add them. The 2024 reproductive health notice changes do not apply, because a federal court struck that rule down in June 2025.
How to Give the Notice to Patients
- Give it to each new patient no later than the first visit, or with your first response to a telehealth patient.
- Make a good faith effort to get a signed acknowledgment, and keep it for six years.
- Post it in your office where patients will see it, and have copies at the front desk.
- Post it on your website if you have one.
- When your practices change in a material way, update the notice, repost it and offer it to patients.
Building a practice website? See our HIPAA website guide. Need a form for patients to share records with family or a lawyer? Use our HIPAA authorization form generator.
Sources: 45 CFR 164.520 (notice content and provision, current eCFR text); 45 CFR 164.524, 164.526 and 164.528 (access, amendment and accounting time frames); 42 CFR Part 2 final rule (compliance date February 16, 2026); Purl v. HHS (N.D. Tex., June 18, 2025). This tool creates a draft, not legal advice.
Frequently Asked Questions
Written by Hassan Raza Awan
Founder — LegitMedBilling & IT Solutions
Hassan has 4+ years of hands-on U.S. medical billing experience — working claims, denials, credentialing, and payer follow-up for practices across the United States. Every guide he publishes is written from real remittances and payer behavior, not theory.
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