Policy Manual


Requests for Access and Timely Action Regarding Access of Clients to Protected Health Information When Request Denied      

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.48&nonav=yes

Supporting References:  HIPAA Privacy Rule Standard 164:524(d)

Parent Effective Date Approval Level Revision Dates Last Reviewed
N/A  4-13-2003  Board    4-13-2003
Related Document Code Related Document Name Type

Policy:  When Community Care denies access, in whole or in part, to individuals who have requested access to protected heath information, it must, to the extent possible, give access to any other protected health information requested, after excluding the protected health information as to which the covered entity has a ground to deny access. Community Care must provide a timely, written denial to the individual. The denial must be in plain language and contain the basis for the denial, a statement of the individual’s review rights including a description of how the individual may exercise such review rights, and a description of how the individual may complain to Community Care or to the Secretary of HHS regarding this policy and the denial. This description must include the name, title, and telephone number of Community Care’s contact person. If Community Care does not maintain the protected health information the client is requesting and Community Care knows where the information is maintained, Community Care must inform the individual where to direct the request for access.