In addition, the regulations do not specify whether these disclosures must list disclosures permitted under other laws (such as the USA Patriot Act). HIPAA rules require that when describing the purposes for which health information may be disclosed without patient consent, “the description shall include sufficient detail to inform the individual of the uses and disclosures permitted or required by this paragraph and other applicable laws.” [xiii] However, there are also formulations that suggest that this requirement to describe “any other applicable law” can only apply to legal standards that protect privacy better than HIPAA. Indeed, HIPAA rules were designed as a privacy motive, not an upper limit. Therefore, the regulations are without prejudice to state medical privacy laws, which are stricter than their federal counterparts. [xiv] The HIPAA Privacy Rule grants individuals the right to access their medical records and other medical records from their healthcare providers and health plans upon request. The privacy rule also generally gives an individual`s personal representative the right to access the individual`s medical records. According to the rule, a person`s personal representative is a person authorized under state or other applicable law to act on behalf of the person when making health care decisions. With respect to deceased persons, the person`s personal representative is an executor, administrator, or other person authorized by state or other law to act on behalf of the deceased person or the person`s estate. Thus, whether a family member or other person is a personal representative of the person and therefore has the right to access the person`s PHI under the confidentiality rule generally depends on whether that person is authorized under state law to act on behalf of the person. See 45 CFR 164.502(g) and 45 CFR 164.524.
A: The ACLU believes that this simple, judicial access to our medical information violates the U.S. Constitution, particularly the Fourth Amendment, which generally prevents the government from conducting inappropriate searches and seizures. [viii] However, given that the Patriot Act and HIPAA regulations only recently came into effect, their constitutionality remains largely unreviewed, although at least one legal challenge to HIPAA rules is pending and further challenges are likely. One. A person can request their own medical records. The law also allows access to other “qualified persons.” This includes parents or guardians if they approved care or were provided in an emergency. Lawyers representing patients can also request documents, as can a committee appointed to represent the needs of an incapable patient. 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. 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.