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Dec 12, 22

Which of the following Is Not True regarding the Patient`s Legal Health Record

Diagnosis is any reference to a person`s substance use disorder or condition identified as being caused by that substance use disorder that occurs for treatment or referral to treatment. (17) the examination of health services on the basis of medical needs, the coverage of a health care plan, the sufficiency of care or the justification of expenses; The covered entity shall, to the extent possible and within the time limits set out above, grant the individual access to all other requested PHIs, after excluding PHIs to which the entity has a reason to deny access. See 45 CFR 164.524(d)(1). The complexity of the separation of PHI does not relieve the obligation to grant access to PHI to which the ground for refusal does not apply. Under the HIPAA Privacy Policy, an individual has the right to access PHI held by a covered entity in a specific record about the individual. These can be electronic or non-electronic PSI. See 45 CFR 164.524(a)(1). Under HITECH`s Electronic Health Record (EHR) incentive program, eligible professionals, eligible hospitals, and critical access hospitals (CAHs) can receive Medicare and Medicaid incentive payments and avoid Medicare payment reductions if they successfully demonstrate significant use of certified EHR technology. including the ability to view, download and access their health information online. transmit. It is important to note that in some respects, the EHR incentive program contains stricter standards than the basic requirements of the HIPAA Privacy Policy, while the HIPAA Privacy Rule has broader requirements than the EHR Incentive Program (for example, the HIPAA Privacy Policy Access Right applies to electronic and paper documents, while the EHR incentive program applies to certain electronic documents). (9) perform or arrange for medical examination, legal services and/or examination functions; As a result, individuals are entitled to a wide range of health information about themselves held by or for covered entities, including: medical records; billing and payment records; insurance information; results of clinical laboratory tests; medical images, such as X-rays; wellness and disease management program records; and clinical case notes; Among other things, the information used to make decisions about individuals. However, when responding to a request for access, a covered entity shall not be required to produce new information, such as explanations or analyses, which is not already included in the intended data set.

The provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), which protect the privacy and security of individuals` identifiable health information and establish a set of individual rights regarding health information, have consistently recognized the importance of giving individuals the ability to access and obtain a copy of their health information. With few exceptions, the HIPAA Privacy Rule provides individuals with a legal and enforceable right to access, upon request, copies of information contained in their medical and other medical records maintained by their healthcare providers and health plans. When granting access to the individual, a covered entity must grant access to some or all of the requested PHI (if specific access can be denied as explained below) no later than 30 calendar days after receipt of the individual`s request. See 45 CFR 164.524(b)(2). The 30 calendar days are an external limit and the companies concerned are invited to respond as soon as possible. In fact, a captured entity may be able to provide individuals with almost instantaneous or very rapid electronic access to requested PHI through personal health records, web portals or similar electronic means. In addition, individuals can reasonably expect that a captured entity will be able to respond in a much faster timeframe if the captured entity uses health information technology in its day-to-day operations. (a) Purpose. Pursuant to 42 U.S.C.

290DD-2(g), the provisions of this Part set out restrictions on the disclosure and use of medical records for substance use disorders in the implementation of a Part 2 program. The provisions of this Part include the following paragraphs: A covered entity may deny a person access to some or all of the requested PHI in very limited circumstances. For example, a covered entity may deny access to an individual if the requested information is not part of a specific record maintained by the covered entity (or by a business partner of a covered entity) or if the information is exempt from the right of access because it is psychotherapeutic notes or information that is reasonably anticipated by or to be used in legal proceedings. (but the individual retains the right to access the underlying PHI from the specified records of the person used to generate this information). 5. Where disclosure to a person or entity is permitted under this Section for an audit or assessment of Medicare, Medicaid or CHIP, including a civil investigation or administrative appeal, as used in paragraph (e)(2) of this Section, the individual or entity may use the patient identification information obtained for such purposes: to their contractors. Subcontractors or legal representatives responsible for carrying out the audit or assessment and a quality improvement body that receives such information in accordance with paragraph (a) or (b) of this Section may disclose the information to that natural or legal person (or contractors, subcontractors or legal representatives of that person or entity, but only for the purposes of this Section). The fee limits apply when an individual directs an affected entity to send the PHI to the third party. The HIPAA Privacy Policy prohibits an entity from charging a person who requested a copy of its PHI more than a reasonable cost-based fee for the copy, which only covers certain labor, delivery, and postage costs that may be incurred to fulfill the request.

See 45 CFR 164.524(c)(4). This restriction applies regardless of whether the individual has requested that the copy be sent by PHI to themselves, or whether the affected entity has requested that the copy be sent directly to a third party designated by the individual (and regardless of who the third party is). To make a copy to a third party, the individual`s access request must be in writing, signed by the individual, and clearly identify the designated person or entity and the location to which the PHI are to be sent. See 45 CFR 164.524(c)(3)(ii). As a result, written requests for access by individuals to have a copy of their PHI sent to third parties that contain these minimum elements are subject to the same fee restrictions in the Privacy Rule that apply to requests by individuals to have a copy of their PHI sent to them. This applies whether the access request was submitted by the individual directly to the affected entity or forwarded to the affected entity by a third party on behalf and at the direction of the individual (e.g., through an application used by the individual). In addition, the same restrictions apply if the individual`s personal representative, and not the individual himself, has made a request to send a copy of the person`s PHI to a third party. Yes. An individual, under the HIPAA Privacy Policy, has the right to access, upon request, PHI about him or her in a specific file maintained by or for a clinical laboratory that is a covered entity. The specified dataset includes not only lab test reports, but also the underlying information generated as part of the test, as well as other information about the tests a lab performs on a person.

For example, a clinical laboratory that is a HIPAA entity performing next-generation DNA sequencing (NGS) on an individual must provide the individual, upon request of the individual`s PHI with respect to NGS, a copy of the completed test report, complete information about the genetic variants generated by the test, and any other information in the designated records of the test. (4) Paragraph E of this Part: Court orders authorizing the disclosure and use, including disclosure and use of medical records, that may be made by an enabling court order, and the procedures and criteria for the presentation and scope of those orders. Your doctor has 60 days to respond to your request, unless they request an extension (additional time). Here`s what you can expect: (b) Duration of consent. The written authorisation shall specify the period of validity of the authorisation. This period of time must be reasonable, taking into account the following: No. Just as a covered entity cannot deny or deny an individual access to its PHI on the basis that the individual has not paid the bill for health services provided by the affected entity, a covered entity cannot refuse or deny access on the basis that the affected entity used the payment of the individual`s fees for a copy of its PHI, to pay or pay the person`s unpaid bill. for health services.