Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 14 - Department of Finance (Administrative Services) › Rule 016.14.03-008 - DHS HIPPA Policies & Forms: Policies 4010 - Request Amendment of Protected Health Information, & 4011 - Accounting for Disclosures of Protected Health Information; Forms 4008 - Amendment of Health Record Request, 4009 - Protected Health Care Disclosure Accounting Acknowledgement, 4010 - Protected Health Care Disclosure Accounting Response, 4011 - Protected Health Care Disclosure Accounting Delay

Current through Register Vol. 49, No. 6, June, 2024
4010.0.0
REQUEST AMENDMENT OF PROTECTED HEALTH INFORMATION
4010.1.0
Purpose
To insure Department of Human Services (DHS) compliance with
				the Health Insurance Portability and Accountability Act (HIPAA) Privacy
				Regulations regarding a patient's right to request an amendment or correction
				to their protected health information.
4010.2.0
Authority
HIPAA Standards for Privacy of Individually Identifiable Health
				Information 45 CFR Part 164 Section 164.526 Amendment of protected health
				information. To issue instructions to all DHS offices, facilities, programs and
				workforce members ("entities") regarding the Department's obligations relating
				to the implementation of HIPAA, 42 U.S.C. §§ 1320d-1329d-8, and
				regulations promulgated hereunder, 45 CFR Parts 160 and 164.
4010.3.0
Applicability
This rule applies to all DHS employees. DHS offices,
				facilities, programs and workforce members are directed to follow all
				applicable policies and procedures found in the HIPAA Policies and Procedures
				Manual. Failure to comply with this rule and its reference documents may result
				in disciplinary sanctions as defined in DHS 1084, Employee Discipline.
4010.4.0
Definitions
4010.4.1
Protected Health Information (PHI)
- individually identifiable
			 information relating to past, present or future physical or mental health or
			 condition of an individual, provision of health care to an individual, or the
			 past, present or future payment for health care provided to an
			 individual.
4010.4.2
Workforce Members
- employees, volunteers, trainees, and other
			 persons whose conduct, in the performance of work for DHS, its offices,
			 programs or facilities, is under the direct control of DHS, regardless of
			 whether they are paid by the entity.
4010.5.0
Procedures
4010.5.1 These procedures are in addition to
			 procedures set out in other rules or implemented by the Office of
			 Administrative Services (OAS).
4010.5.2 Patient requests for amendment of
			 protected health information shall be made in writing to the covered entity and
			 clearly identify the information to be amended, as well as the reasons for the
			 amendment. These requirements are detailed in the Notice of Privacy
			 Practices.
4010.5.3 Requests may be
			 denied if the material requested to be amended:
A. Was not created by DHS, unless the
			 originator is no longer available to act on the request
B. Is not part of the individual's health
			 record
C. Is not accessible to the
			 individual because federal and state law do not permit it
D. Is accurate and complete