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Chapter 3: Patient Access Issues

Index

Section I: Pertinent sections of HIPAA privacy regulations relating to patient access regulations.
Section II: Office of Civil Rights
Section III: Web sites of interest
Section IV: Model forms/checklists/examples


Section I: HIPAA Privacy Regulations relating to the patient access requirements.

Refer to the following sections of the HIPAA privacy regulations for information regarding patient access rights under the rule.

Section 164.508 - Uses & Disclosures for Which Individual Authorization Is Required
Section 164.510 - Uses & Disclosures Requiring an Opportunity for the Individual to Agree or Object
Section 164.512 - Uses & Disclosures for Which Consent, Individual Authorization or Opportunity to Agree or Object is Not Required
Section 164.514 - Other Procedural Requirements Relating to Uses and Disclosures of Protected Health Information
Section 164.520 - Notice of Privacy Practices for Protected Health Information
Section 164.522 - Rights to Request Privacy Protection for Protected Health Information
Section 164.524 - Access of Individuals to Protected Health Information
Section 164.526 - Amendment of Protected Health Information
Section 164.528 - Accounting for Disclosures of Protected Health Information
Section 164.530 - Administrative Requirements


You may view the regulations on line by accessing http://www.hhs.gov/ocr/hipaa/.

You may also view the regulations on line by accessing the web site of the law firm of Bricker & Eckler, LLP at http://www.bricker.com. This web site is made available by the Ohio Hospital Association. Access the Web site directly to perform a search of any portion of the HIPAA regulation, complete with comments and responses. The following link is an excerpt from the Bricker & Eckler site regarding patient access issues.
http://www.bricker.com/attserv/practice/hcare/hipaa\privacy7.pdf



Section II: Office of Civil Rights

The Office of Civil Rights within Health & Human Services has been given the responsibility to receive complaints about possible violations of the HIPAA privacy regulations.

The HHS has issued “guidance” to hospitals, physicians, and health plans to help them understand their obligations to patients under HIPAA. The “Guidance” can be accessed at the following Web site. http://www.hhs.gov/ocr/hipaa/

Consult this Web site routinely for updates to the Guidance. The following link provides an excerpt from the 07/06/01 Guidance relating to the "patient access requirements".


Section III: Web sites of interest

Workgroup for Electronic Interchange - WEDI:
http://www.wedi.org
http://www.wedi.org/snip/presentations/SNIP_Forum/Guide_010801a.pdf
(42 page document from WEDI, Beacon Partners – Health Care Management Consultants)

American Health Information Management Association - AHIMA:
http://www.ahima.org
The American Health Information Management Association web site contains useful information on a variety of HIPAA issues. Consult this site periodically for updated information.

American Hospital Association - AHA:
http://www.aha.org
The AHA Web site contains useful information on a variety of HIPAA issues. Consult this site periodically for updated information.Your facility must be a member of AHA to access certain pages of the site.
http://www.himinfo.com/howto/hipaa/resources.cfm
This page of the HC Pro Web site lists web addresses pertinent to HIPAA.


Section IV: Model forms/checklists/educational materials provided by Nebraska health care providers.

HIPAA Access Issues - Kelly Clarke, Baird Holm Law Firm
Checklist to Assess Compliance with Patient Access Requirements.
Model Privacy Notice - AHA
Privacy Model - AHA
AHIMA Practice Brief - Patient Access and Amendment to Health Records - Issue May '01 Vol. 72-5
AHIMA Practice Brief-Notice of Information Practice - Issue May '01 Vol. 72-5

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