4.3.A HIPAA/Privacy: Patient Rights - A Patient Rights to Access PHI Policy

  • POLICY:

    Lister Healthcare Corporation will provide its patients the right of access to inspect and obtain a copy of the health information that Lister Healthcare Corporation maintains about them in designated record sets for as long as Lister Healthcare Corporation maintains the information in the record sets, unless an exception as described in the policy and procedure applies. (164.524a1)

    PROCEDURE:

    Right to request access to records:

    • Upon request, the provider must allow a patient to inspect and/or copy their own medical record set.
    • All requests for release of information to a patient, unless denied for grounds specified in this procedure, must be fulfilled within 30 days of receipt of request or, if the records are not maintained on site, within 60 days of receipt.  If unable to fulfill the request within the applicable time period, Lister Healthcare Corporation will provide the patient with a written statement of the reasons for the delay and the date by which we will complete the request.  The date must not exceed an additional 30 days.  Only one extension is permitted. (164.524b2)
    • The provider may charge reasonable fees for copying, postage, and preparation of a summary (if agreed).  (164.524c4)

    Grounds for denial:

    Lister Healthcare Corporation will review the records requested to determine if access is appropriate.  Grounds for denial are limited to the specific situations described below.  In the following circumstances, the provider is not required to provide access to the patient and the patient does not have the right to request a review of the denial:

    • the information was compiled in reasonable anticipation of, or for use in, a civil, criminal or administrative action or proceeding
    • the request is for psychotherapy notes
    • the information is subject to the Clinical Laboratory Improvements Amendments of 1988, to the extent that access would be prohibited by law or the information is CLIA exempt.
    • the request is from an inmate of a correctional institution and Lister Healthcare Corporation believes that providing a copy of the information would jeopardize the health, safety, security, custody or rehabilitation of the inmate or of other inmates, or the safety of any officer, employee or other person at the correctional institution or the safety of any person responsible for transporting the inmate
    • the patient has agreed to the denial of access when consenting to participate in a research study that Lister Healthcare Corporation is conducting that includes treatment, for the duration of the research study
    • the information is subject to the Federal Privacy Act, and denial meets the requirements of that law
    • if the protected health information was obtained from someone other than a health care provider under a promise of confidentiality and likely to reveal the source of the information
      • Denials on these grounds are not reviewable (164.524a2)

    In the following circumstances, the provider may refuse to grant access to the patient, but must give the patient the right to have the denial reviewed by another licensed health care professional who did not participate in the original denial:

    • in the exercise of professional judgement, Lister Healthcare Corporation determines that the requested access is reasonably likely to endanger the life or physical safety of the patient or other person
    • the information references another person and Lister Healthcare Corporation, in the exercise of professional judgement, determines that the requested access is reasonably likely to cause substantial harm to the other person
    • the request is made by the patient's personal representative and it is determined, in the exercise of professional judgement, that the requested access is reasonably likely to cause substantial harm to the patient or another person
      • Denials on these grounds are reviewable.

    Revised 1/2016

  • Date Format: MM slash DD slash YYYY