Patient Access to Records, Copies, and Release of Information
Sets out how a patient or the patient’s personal representative gets to see or receive a copy of the clinical record (free of charge, at the next home visit or within 4 business days, whichever comes first, under 42 CFR §484.110(e)), how other protected health information is provided under HIPAA and the Michigan Medical Records Access Act, how requests to amend and requests for an accounting of disclosures are handled, and when the Agency may release records to others with or without the patient’s written authorization, including Michigan Medicaid’s own rules on releases, subpoenas and behavioral health consent.
- Policy number
- MI-HH-REC-02
- Version
- 1.0
- Main rule
- 42 CFR §484.110(e)
- Library
- Michigan home health · 57 policies
- Category
- Records
- Sections
- 24
In short
- Patients can ask for their records at any time, in any way. Never refuse. Pass the request to the Privacy Official the same day.
- The patient gets a free copy of the clinical record at the next home visit or within 4 business days, whichever comes first.
- We check the identity of the person asking, and the papers that show a representative’s authority, before we release anything.
- Do not give records to family, attorneys or anyone else without the Privacy Official’s approval.
- Patients can ask us to correct their record and to see a list of certain disclosures. Send those requests to the Privacy Official too.
What's inside
24 sections. The full text comes with the One-time Policy Pack.
- Terms of Reference
- 1. Purpose
- 2. Scope
- 3. Definitions
- 4. Policy Statement (42 CFR §484.110(e))
- 5. Receiving a Request From a Patient or Personal Representative
- 6. Time Frames
- 7. Providing Access and Copies
- 8. Denials and Review
- 9. Requests to Amend the Record
- 10. Accounting of Disclosures
- 11. Releasing Records to Others
- 11.1 Without the Patient’s Authorization
- 11.2 With the Patient’s Authorization
- 11.3 Subpoenas, Court Orders and Legal Requests
- 12. Specially Protected Information
- 13. Deceased Patients and Minors
- 14. Responsibilities
- 15. Records and Compliance Monitoring
- 16. Staff Training
- 17. References
- 18. Related Policies and Forms
- 19. Approval
- 20. Revision History
An inspector may ask
- If a patient asks for a copy of their record today, what happens and how quickly do they get it?
- Do you charge patients for copies?
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