{"ref":"CA-HH-REC-02","title":"Patient Access to Health Records and Release of Information","category":"Privacy","summary":"Sets out how a patient or the patient’s personal representative inspects and gets copies of the health record (inspection within five working days and copies within 15 days under Cal. Health & Safety Code §123110; if Medicare-certified, a free copy at the next home visit or within 4 business days under 42 CFR §484.110(e); the HIPAA right of access in 45 CFR §164.524), who may and may not have access, fees, the patient’s right to add a 250-word addendum or ask for an amendment, the accounting of disclosures, and how release requests from anyone else are handled.","inShort":["A patient may see their record within five working days and get a copy within 15 days of asking.","If the Agency is Medicare-certified, the patient gets the record free at the next visit or within 4 business days, whichever is first.","If a patient asks you for their record, write it on the request form that day and send it to the office.","Do not give records to family members unless they are the patient’s legal representative or the patient has signed a release.","Send any subpoena, court order, or police or immigration request to the Administrator right away."],"primaryCitation":"Cal. Health & Safety Code §123110","citations":["Cal. Health & Safety Code §123100","Cal. Health & Safety Code §123105","Cal. Health & Safety Code §123110","Cal. Health & Safety Code §123111","Cal. Health & Safety Code §123115","22 CCR §74743(d)","22 CCR §74731(a)(3)","Cal. Civ. Code §56.10","Cal. Civ. Code §56.11"],"federalCitations":["45 CFR §164.524","45 CFR §164.526","45 CFR §164.528","42 CFR §484.110(e)","42 CFR §484.50(c)(6)"],"surveyorAsks":["How does a patient ask for a copy of their record, and how quickly do you provide it?","Do you charge patients for copies? Show me your fee schedule."],"forms":[{"ref":"CA-HH-REC-02-A","title":"Request for Access to Health Records"}],"headings":["Terms of Reference","1. Purpose","2. Scope","3. Definitions","4. Policy Statement (Cal. Health & Safety Code §123110)","5. Who May Have Access","6. Receiving a Request","7. Time Limits","8. Form, Format, and Delivery","9. Fees","10. Addendum and Amendment","11. Accounting of Disclosures","12. When Access May Be Limited","13. Requests From Anyone Else","14. Responsibilities","15. Records and Compliance Monitoring","16. Staff Training","17. References","18. Related Policies and Forms","19. Approval","20. Revision History"],"version":"1.0","sample":false,"pack":"ca-hha","state":"California","service":"Home health","guides":[{"path":"/guides/home-health-agency-policies/","h1":"What policies and procedures are required for home health agencies?"},{"path":"/guides/home-health-conditions-of-participation/","h1":"Home health Conditions of Participation: which policies each one needs"}],"agency":{"name":"Sample Agency","legalName":"Sample Agency, LLC","logo":null}}