Right to Access and Research Archives - Page 4 of 6 - HIPAA Templates

What is a covered entity’s obligation under the Breach Notification Rule if it transmits an individual’s PHI to a third party designated by the individual in an access request, and the entity discovers the information was breached in transit?

This guidance remains in effect only to the extent that [...]

Jason Russell2020-09-10T20:19:11-04:00Right to Access and Research|

What is the liability of a covered entity in responding to an individual’s access request to send the individual’s PHI to a third party?

This guidance remains in effect only to the extent that [...]

Jason Russell2020-09-10T20:17:24-04:00Right to Access and Research|

Can an individual’s personal representative, through the HIPAA right of access, have the individual’s health care provider or health plan send the individual’s PHI to a third party?

This guidance remains in effect only to the extent that [...]

Jason Russell2020-09-10T20:17:24-04:00Right to Access and Research|

Are there any limits or exceptions to the individual’s right to have the individual’s PHI sent directly to a third party?

This guidance remains in effect only to the extent that [...]

Jason Russell2020-09-10T20:17:24-04:00Right to Access and Research|

Can an individual, through the HIPAA right of access, have his or her health care provider or health plan send the individual’s PHI to a third party?

This guidance remains in effect only to the extent that [...]

Jason Russell2020-09-10T20:17:24-04:00Right to Access and Research|

Can an individual be charged a fee if the individual requests only to inspect her PHI at the covered entity (i.e., does not request that the covered entity produce a copy of the PHI)?

No. The fees that can be charged to individuals exercising [...]

Jason Russell2020-09-10T20:17:24-04:00Right to Access and Research|

May a health care provider withhold a copy of an individual’s PHI from the individual who requested it because the covered entity used the individual’s payment of the allowable fee for the copy to instead pay an outstanding bill for health care services provided to the individual?

No. Just as a covered entity may not withhold or [...]

Jason Russell2020-09-10T20:17:24-04:00Right to Access and Research|

When do the HIPAA Privacy Rule limitations on fees that can be charged for individuals to access copies of their PHI apply to disclosures of the individual’s PHI to a third party?

This guidance remains in effect only to the extent that [...]

Jason Russell2020-09-10T20:17:24-04:00Right to Access and Research|

A State law requires that a health care provider give individuals one free copy of their medical records but HIPAA permits the provider to charge a fee. Does HIPAA override the State law?

No, so the health care provider must comply with the [...]

Jason Russell2020-09-10T20:17:24-04:00Right to Access and Research|

Are costs authorized by State fee schedules permitted to be charged to individuals when providing them with a copy of their PHI under the HIPAA Privacy Rule?

This guidance remains in effect only to the extent that [...]

Jason Russell2020-09-10T20:17:24-04:00Right to Access and Research|

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