Confidentiality, Privacy and Security

request of information

  • 1.  request of information

    Posted 09-22-2019 18:05
    Hello, I have a question
    What type of situations are there when a provider or physician can deny access to someone requesting their medical record?
    If the physician denies them access, can the patient move on to sue him/her for this or does the physician have the right to do this for professional, medical or personal reasons?
    thank you

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    Emilia Kreminskaya
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  • 2.  RE: request of information

    Posted 09-23-2019 07:23
    Emilia,

    These references should answer your questions. If not, post additional questions after reviewing.

    https://www.hhs.gov/hipaa/for-professionals/faq/2046/under-what-circumstances-may-a-covered-entity/index.html

    https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/access/index.html




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    DeAnn Tucker
    HIM Director & Privacy Officer
    Houston Physicians' Hospital
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  • 3.  RE: request of information

    Posted 16 days ago
    Hello DeAnn,
    I looked over those websites and read up on them, and they definitely answered my question. Thank you so much for the references.
    Mila

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    Emilia Kreminskaya
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  • 4.  RE: request of information

    Posted 09-23-2019 08:44

    In Indiana, it is my understanding this situation would only apply to mental health records – physician can deny if he/she feels he information could cause harm to the patient or cause the patient to harm someone else........

     

    Wendy Mangin, MS, RHIA

    Executive Project Director – Regulatory Compliance/Privacy Officer

     

    Good Samaritan 

    520 S. Seventh St. | Vincennes, Indiana | 47591

    Hospital: 812.882.5220 | Direct: 812.885.3487 

    Fax: 812.885.3912 | wmangin@gshvin.org 

    b326b5f8d23cd1e0f18df4c9265416f7  images   Website | Videos | News | Events

     






  • 5.  RE: request of information

    Posted 09-23-2019 09:11

    Good morning,

    Patients have a right to access records that are included in the facility's designated record set which includes medical and billing records and records that are used by the covered entity to make decisions about the individuals.  Psychotherapy notes and any information compiled for civil, criminal or administrative action are excluded from the right of access. 

     

    Lee

    Lee Starling, JM, RHIT

    HIM Manager Liaison

    UF Health Gainesville

    Phone: 352-594-0833

    Fax:  352-265-1097

    starll@shands.ufl.edu

    Image result for state of florida gators

     






  • 6.  RE: request of information

    Posted 16 days ago
    Hello Lee,
    Thank you, I have learned more about this in my HIM class and began to understand it more, but also thank you for your answer, definitely makes sense.
    Mila

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    Emilia Kreminskaya
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  • 7.  RE: request of information

    Posted 09-23-2019 13:31

    Patients have a right to access their health records. The request must be made in writing. The patient may request to receive the copy in electronic format.

     

    The provider must comply with this request. There are very limited situations where access may be denied. Generally speaking, access to records may only be denied if it is deemed to pose a risk to the patient.

     

    The provider may charge for the actual costs incurred in providing the record. The provider must release the records within a set period of time (based on HIPAA Privacy Rule and State laws).

     

    Warm Regards

     

    Marilyn Freeman, RHIA, CHPS

    Health Information Management/Compliance Officer

     

    Office: 916 930-3981 x362

    Mobile: 916  716-1908

    email: marilyn.freeman@ihs.gov

     






  • 8.  RE: request of information

    Posted 09-27-2019 09:17
    Hi Emilia, 

    A covered entity may deny an individual access to all or a portion of the PHI requested in only very limited circumstances. For example, a covered entity may deny an individual access if the information requested is not part of a designated record set maintained by the covered entity (or by a business associate for a covered entity), or the information is excepted from the right of access because it is psychotherapy notes or information compiled in reasonable anticipation of, or for use in, a legal proceeding (but the individual retains the right to access the underlying PHI from the designated record set(s) about the individual used to generate this information). 

    There are other times when a provider can deny access to the patient. Please see the full article here


    As always you can contact me directly for further questions or discussions.

    --
    Thanks Kris

    Kris Lundell MBA,  CIPP/US, CiPT, CHP, CHPS, HCISPP
    Privacy and Security Consultants LLC





  • 9.  RE: request of information

    Posted 16 days ago
    Hello Kris,
    I have learned much more about this in my classes, and began to understand it fully. Thank you for taking your time though and answering based on my questions. thank you for expanding on the topic and also giving me a reference to check out!
    Mila

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    Emilia Kreminskaya
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