{"ref":"LA-HH-REC-02","title":"Patient Access to Records and Release of Information","category":"Records","summary":"Sets out how a patient, a personal representative and other persons the law allows can see or obtain copies of health records, the time limits that apply (for a Medicare-certified agency, free of charge at the next home visit or within 4 business days, whichever comes first, under 42 CFR §484.110(e); under HIPAA, action within 30 days; under R.S. 40:1165.1, a reasonable period not to exceed fifteen days after the request and written authorization), the Louisiana copy charge limits, when access may be denied, and how information is released to others with a signed authorization under 45 CFR §164.508 and LAC 48:I §9129.A.6.","inShort":["Patients may ask for their records at any time, including during a visit.","Write the request down and send it to the privacy official the same day.","If we are Medicare-certified, the patient gets the record free at the next visit or within 4 business days, whichever comes first.","Never give records to anyone else without the privacy official's approval.","Subpoenas, court orders and police requests go to the Administrator the same day."],"primaryCitation":"R.S. 40:1165.1","citations":["R.S. 40:1165.1","R.S. 40:1163.1","R.S. 40:1231.1","LAC 48:I §9125.A.6","LAC 48:I §9129.A.5","LAC 48:I §9129.A.6","LAC 48:I §9129.A.7","LAC 48:I §9110.F"],"federalCitations":["42 CFR §484.110(e)","45 CFR §164.502","45 CFR §164.506","45 CFR §164.508","45 CFR §164.512","45 CFR §164.524","45 CFR §164.528","45 CFR §164.530(j)"],"surveyorAsks":["A patient asked for a copy of her record at today's visit. When will she get it, and what will you charge?","Show me how you track requests for records and the date each was answered."],"forms":[{"ref":"LA-HH-REC-02-A","title":"Request for Access to or Copies of Health Records"},{"ref":"LA-HH-REC-02-B","title":"Authorization to Release Health Information"}],"headings":["Terms of Reference","1. Purpose","2. Scope","3. Definitions","4. Policy Statement (R.S. 40:1165.1)","5. Who May See or Obtain Copies of Records","6. Receiving and Verifying a Request","7. Time Limits","8. Form and Format of Copies","9. Fees","10. Denial of Access","11. Copies of Information Sent to Others","12. Releasing Information to Others","13. Responsibilities","14. Records and Compliance Monitoring","15. Staff Training","16. References","17. Related Policies and Forms","18. Approval","19. Revision History"],"version":"1.0","sample":false,"pack":"la-hha","state":"Louisiana","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}}