Course: Law, Ethics, And Confidentiality In Allied Health Harvard Case Solution & Analysis

Patient’s Right to Access his Health Record

HIPAA does affect a person’s right to access his medical records, but it ensures that the privacy of the person is being maintained. Under the Privacy Rule of HIPAA, covered entities are required to provide the private health information of the patients to them if theyrequest to have it. This information can be requested by the patients for the purpose of viewing or inspection. Apart from this, the patient can also request the covered entities to transmit a copy of their private health information to another designated person of their choice. Patients can request for this information for as long as this information is covered by the particular entity.

Information in the designated set of records to whichthe patient has the right to access includes the following:

  • Billing and medical records of the patient.
  • Documents regarding the enrollment, claims, insurance, test results, and payments.
  • Any other record that is used by the covered entity in the process of making any medical decision about the patient.

Moreover, it is to be noted here that upon request to the private health information, covered entities must not create new information and provide the individual with only what is present in the designated set of records till that point in time.

As quoted in the website of HSS, “In responding to a request for access, a covered entity is not, however, required to create new information, such as explanatory materials or analyses, that does not already exist in the designated record set.”(Individuals’ Right under HIPAA to Access their Health Information 45 CFR § 164.524, 2018)

Covered entities can deny request to private health information of an individual if giving access to that information would somehow adversely affect the patient’s health. If a person is denied access to his health records, then they can file an appeal with the practice and can also file a complaint to federal and state authorities and the Office of Civil Rights of HIPAA. (Filing a Complaint, 2018)

Course Law, Ethics, And Confidentiality In Allied Health Harvard Case Solution & Analysis

Question No. 2

Filing a Complaint

Any individual can file a complaint to the OCR of HIPAA, if they believe that a covered entity has violated their rights. The process of filing a complaint to OCR has the following requirements:

  • The complaints can be filed either via the OCR complaint portal, e-mail, written mail or via fax.
  • It must include the name of the entity that the patient believes has violated its right and the right itself.
  • The complaint must be filed within 80 days of the act of violation.

OCR Complaint Portal

Complaint can be filed through the portal by selecting the type of complaint and then filling the online information form, which includes the information about the individual filing the complaint, the entity that violated the right, and the right that was denied.

Written Complaint

This requires the individual to download the PDF format of the HIP complaint package. The person can either print it out and can mail it to the provided address or can simply send it as an email............

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