Ohio Administrative Code › Title 3364 - University of Toledo › Chapter 3364-90 - Guidelines for Protected Health Information › Section 3364-90-07 - Medical record availability and access

Current through all regulations passed and filed through July 1, 2024
(A) Policy statement
The university of Toledo's (UToledo) health information management department
				"HIM" maintains a medical record for each inpatient and outpatient encounter.
				The medical record is made available upon request to individuals by the HIM
				department. Patients may request access to their medical record protected
				health information "PHI" through processes established by the HIM
				department.
(B) Purpose of
			 policy
To ensure that availability and access to the medical record in
				accordance with the health insurance portability and accountability act of 1996
				"HIPAA" privacy regulations, C.F.R. 164.52.
(C)
			 Procedure
UToledo and covered components
				maintain a medical record for each inpatient and outpatient encounter. The
				legal definition of the medical record is found in policy 3364-100-53-06
				(inpatient medical record-legal of hospital administration).
The medical record is made available to individuals who have
				completed an authorization to release form provided by HIM or a form that is
				provided to HIM that is in compliance with HIPAA, unless there is a
				federal law denying access as listed in sections (D)(1) and (D)(2) of this
				rule.
(D) Individual
			 patient right to access protected health information
(1) Individual rights: Individuals, or their personal representative as defined by HIPAA
			 regulations, have a right to have access, to
			  inspect and/or obtain a copy of their medical record (PHI)
			 about the individual in a designated record set, for as
			 long as the PHI is maintained in the designated record set, through a
			 written request. This does not mean that the covered components must provide
			 original records or permit unsupervised access to a record containing health
			 information. An individual does not have the right to access, inspect or obtain
			 a copy of their medical records in the following instances:
(a) Where the request is for access to
			 psychotherapy notes that are maintained separately from the medical
			 record.
(b) Where the access
			 pertains to information compiled in reasonable anticipation of, or for use in a
			 civil, criminal or administrative action or proceeding.
While present and under care at a UToledo covered component and with assistance by a
				clinical caregiver, a patient or their authorized representatives may view
				their medical record.
Patients may request to access or obtain copies of their
				medical record by providing HIM with a signed HIPAA authorization to release
				form obtained from HIM. HIM will coordinate with the revenue cycle department
				with respect to requests concerning billing information records. HIM will
				verify the identity of the individual making the request using any or all of
				the following:
(a) Comparison of
			 signature on the authorization to release form with the signature on
			 file.
(b) Comparison of address on
			 request form with address on file where copies of the medical record are to be
			 sent by mail.
(c) A government
			 issued picture ID such as a driver's license or state-issued ID card may be
			 used as verification.
(d) When an
			 executor of an estate or durable power of attorney request is made, the
			 appropriate legal documents must be submitted as verification.
(e) Request for deceased patient accounts
			 without an executor/ executrix must obtain a state of Ohio document certifying
			 legal authority over the estate.