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1.ME.16 |
Denial of Access of Clients to Protected Health Information With Opportunity for Review
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Type: Policy
Category: General
Level: Community Care
Parties: Community Care employees and contractees
Printer Friendly Version: http://apps.comcareme.org/policymanual/default.aspx?code=1.ME.16&nonav=yes
Supporting References: HIPAA Privacy Rule Standard 164:524(a)3,4
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Parent |
Effective Date |
Approval Level |
Revision Dates |
Last Reviewed |
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N/A |
4-13-2003
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Board
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4-13-2003 |
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Related Document Code |
Related Document Name |
Type |
Policy: Community Care may deny an individual access provided the individual is given the right to review the denial, under the following circumstances: a licensed health care professional has determined, in the exercise of professional judgment, that the access requested is reasonably likely to endanger the life or physical safety of the individual or other person; the protected health information makes reference to another person and a licensed health care professional has determined, in the exercise of professional judgment, that the access requested is reasonably likely to cause substantial harm to such person; the request for access is made by the individual’s personal representative and a licensed health care professional has determined, in the exercise of professional judgment, that the provision of access to such personal representative is reasonably likely to cause substantial harm to the individual or another person. If access is denied on a ground listed above, the individual has the right to have the denial reviewed by a licensed health care professional who is designated by Community Care to act as a reviewing official and who did not participate in the original decision to deny. Community Care must promptly provide written notice to the individual of the determination of the designated reviewing official.