H I P A A T R A I N I N

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Self Directed Module 4 Patients’ Rights

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Introduction

Patients have the right to access their PHI and/or request that we restrict the use and disclosures of their PHI.

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Right to Request Restrictions on Uses and Disclosures of PHI

The patient can request that HCHC restrict how PHI is used or shared to carry out Treatment, Payment, or Healthcare Operations (TPO).

We are not required to agree to the restrictions they request. However, even if we agree to their request in certain situations, i.e., emergency treatment, it may not be followed.

If a patient asks for restrictions, contact your Privacy Officer.

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Right of Access to PHI

With certain exceptions, patients have a right to inspect and receive a copy of PHI that is used to make decisions about them.

Requests for access to PHI should be referred to the Medical Information Department (Release of Information)

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For Example:

A patient who is being seen for a routine follow-up exam approaches Josh, a Clinical Business Associate at the front desk and asks for copies of his medical record. Josh accesses the patient’s medical records, prints all of the patient’s records and hands them to the patient.

Is this the appropriate way for a patient to receive a copy of his medical record?

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For Example:

No. Josh should have advised the patient that copies of medical records are obtained by contacting Medical Information. If possible, Josh should provide the patient with the Authorization Form (HD 555) to complete and submit to the Medical Information Department for responding to their request.

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Right to Amendment of PHI

The patient has the right to request that HCHC amend his/her PHI.

Requests for amendments should be referred to the Medical Information Department

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Designated Record Set (DRS)

Patients have the right to access or amend only the designated record set (defined in the following slide) through the approved procedures.

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Designated Record Set (DRS)

The DRS is defined as records (paper or electronic) maintained by or for HCHC that are:

– the medical and billing records about patients; or– the enrollment, payment, claims adjudication, and

case or medical management record systems; and/or

– used, in whole or in part, by HCHC to make decisions about patients.

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Designated Record Set (DRS)

Examples of what the DRS does NOT include are:

– “Shadow records”– Research Data– Source documentation such as x-ray films, fetal

monitoring strips, EKG/EEG tracings, etc.

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Right to Complain about Privacy and Security Policies and Procedures

Patients have a right to complain about HCHC policies and procedures regarding privacy and security of their PHI.

Patients should be referred to your Privacy or Information Security Officer to report any complaints.

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Right to Confidential and Alternative Communications

A patient has the right to request how and where they are contacted. HCHC must accommodate reasonable requests, which must be in writing.

If you receive such a request from a patient, you should ask the patient to complete the “Request for Alternative Means or Location for Confidential Communications” form and forward the completed form to your Privacy Officer.

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Refraining from Intimidating or Retaliatory Acts

Neither HCHC nor any of its employees or contractors may intimidate, threaten, coerce, discriminate against, or take any other retaliatory action against a patient or a patient’s representative for exercising their rights.

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For Example:A patient in the clinic asks the clinic manager for an alternative communication method regarding her lab results. Rather than sending her results to the address on file, she would prefer her results be sent to a post office box. The clinic manager knows that the patient is married and doesn’t see any reason for her to make such a request and asks her to explain her reason.

Does the clinic manager have a right to ask her for a reason?

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For Example:

No. The clinic manager should fill out the Request for Alternative Means or Location for Confidential Communication form and forward it to his/her Privacy Officer. The Privacy Officer will review the request and work with the applicable department to determine whether the request can be accommodated.

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You have now successfully completed You have now successfully completed the online HIPAA Patient Rights Modulethe online HIPAA Patient Rights ModuleYou have now successfully completed You have now successfully completed

the online HIPAA Patient Rights Modulethe online HIPAA Patient Rights Module

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