The Center for Podiatric Medicine will provide a convenient time and place for the patient to inspect his/her health information or to obtain a copy of the information. This may include simply mailing a copy of the information to the patient if that is acceptable to the patient.
The Center for Podiatric Medicine may charge a reasonable, cost-based fee for providing the patient with access to his/her health information. That fee may include copying charges, including the cost of supplies for and labor of copying. The Practice may also charge postage if the patient has requested that the information be mailed. If the patient has agreed to a summary, the Practice may charge the costs of preparing the summary.
All requests by patients for access to health information will be referred to the privacy officer. In those circumstances in which access to health information is denied, the privacy officer will determine if some part of the patient's record may be disclosed without objection. If so, that portion of the record may be disclosed. As to all other parts of the record for which access is denied, the privacy officer will provide a timely, written denial to the patient stating the basis for the denial and, if applicable, the patient's right to have the denial reviewed. The written notice must also explain to the patient that they may complain regarding the denial of access either to the Practice or to the Secretary of HHS. This notice will include the name, title and telephone number of the privacy officer.
All documentation regarding patient requests for access and any denials thereof, or any other documentation maintained under this subsection, must be retained by the Practice for a minimum of six (6) years from the date of the document(s).
Denial of Access.
Unreviewable grounds for denial. The Center for Podiatric Medicine may deny patients access to health information that is created, maintained or is otherwise subject to the Clinical Laboratory Improvements Amendments of 1988 (CLIA) to the extent that providing access would be prohibited by that law, or where such information is made exempt under the CLIA law. In addition, a patient who is part of a research program may have his/her right of access temporarily suspended for as long as the research is in progress, provided that the patient has agreed to the denial of access at the time that he/she consented to participate in the research.
Reviewable grounds for denial of access.
The Center for Podiatric Medicine may deny the patient access to his/her health information if the Practice reasonably believes that such access is likely to endanger the life or physical safety of the patient or another person, or that the information makes reference to another person and the Practice believes that allowing access may cause substantial harm to that person.
The Center for Podiatric Medicine may deny access to a guardian, conservator or parent where the practice believes that such person is likely to cause substantial harm to the patient or another person by having access to the patient's health information.
If access to the patient's health information is denied for the above reasons, the patient has a right to have the denial reviewed by a licensed health care professional designated by the Practice as a reviewing official. This health care professional must be someone who did not participate in the original decision to deny access. The Practice will abide by the decision of that reviewing health care professional, to either grant or deny access to the patient.
4. Right to Amend
General Statement. Patients have a right to request that the Center for Podiatric Medicine Physicians & Surgeons, S.C. amend their health information.
Procedure. The Center for Podiatric Medicine Physicians & Surgeons, S.C. will follow the following procedures when a request to amend is received from a patient.
Written request. Patients who request amendments or corrections to their health information will be asked to fill out the Request for Correction/Amendment of Health Information form. The requests will be referred to the privacy officer.
Response to the patient's request. After a reasonable investigation, the privacy officer will determine whether the practice will grant or deny the request to amend. The privacy officer will respond in writing to the patient's request within 60 days from the date of the request by either granting the amendment, or advising the patient of the denial of the request, as described below.
Acceptance of amendment. If the Center for Podiatric Medicine Physicians & Surgeons, S.C. accepts the patient's request for amendment, it will amend the patient's record and provide an appropriate link or reference to the location of the amendment. The Practice will also make reasonable efforts to provide the amendment within a reasonable time to those persons identified by the patient as having received health information about the patient and who need the amendment, and those persons, including business associates, who the Practice knows may have relied upon the information that is subject to the amendment.
Denial of amendment. If the Center for Podiatric Medicine Physicians & Surgeons, S.C. determines to deny an amendment, it must provide the patient with a timely, written denial stating the basis for the denial, the patient's right to submit a statement disagreeing with the denial and how the patient may file that statement. In addition, the Practice must inform the patient that he/she may request that the Practice provide a copy of the patient's request for amendment and the denial with any future disclosures of health information regarding the patient. The Practice must advise the patient that he/she is entitled to make a complaint and how such complaints may be submitted to the Practice or Secretary of HHS. This notice must include the name or title and telephone number of the Practice's privacy officer. If the patient, upon denial of the request to amend, submits a written statement disagreeing with the denial, the Practice must include such statement with the patient's records and include that statement with any subsequent disclosure of the patient's health information to which the disagreement relates.