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Patient Access to Records, Copies, and Release of Information

Sets out how patients and their personal representatives get to see and receive copies of their records (free of charge at the next home visit or within 4 business days under 42 CFR §484.110(e)), how other requests for access are handled within the HIPAA time limits, what Missouri law (RSMo §191.227) allows for fees and for records of deceased patients, when the Agency may release information to others with or without the patient's authorization, and how amendment and accounting requests are handled.

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About this policy
Policy number
MO-HH-REC-02
Version
1.0
Main rule
42 CFR §484.110(e) (adopted by 19 CSR 30-26.010(1)(A))
Library
Missouri home health · 57 policies
Category
Privacy
Sections
20

In short

  • A patient who asks for a copy of the record gets it free, at the next visit or within 4 business days, whichever is first.
  • Pass every records request to the privacy official, Lee Sample, the same day.
  • Check identity, and for a representative check the paper that gives authority.
  • Never release records to a lawyer, employer or relative on your own. The privacy official decides.
  • Other providers treating the patient may receive the information they need for care.

What's inside

20 sections. The full text comes with the One-time Policy Pack.

Full text with a package
  • Terms of Reference
  • 1. Purpose
  • 2. Scope
  • 3. Definitions
  • 4. Policy Statement (42 CFR §484.110(e); 45 CFR §164.524; RSMo §191.227)
  • 5. Patient Requests for Copies of the Clinical Record
  • 6. Inspection, Other Formats, and Time Limits
  • 7. Denial of Access
  • 8. Fees
  • 9. Personal Representatives and Deceased Patients
  • 10. Release to Others
  • 11. Valid Authorizations
  • 12. Amendment and Accounting Requests
  • 13. Responsibilities
  • 14. Records and Compliance Monitoring
  • 15. Staff Training
  • 16. References
  • 17. Related Policies and Forms
  • 18. Approval
  • 19. Revision History

An inspector may ask

  • A patient asks for a copy of her record. How quickly does she get it, and what does it cost her?
  • Who may sign for the records of a patient who has died?

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