Mental Health Center Provides Access after Denial
Mental Health Center Provides Access after Denial
Covered Entity: Mental Health Center
Issue: Access, Authorization
The complainant alleged that a mental health center (the "Center")
improperly provided her records to her auto insurance company and
refused to provide her with a copy of her medical records. The Center
provided OCR with a valid authorization, signed by the complainant,
permitting the release of information to the auto insurance company.
OCR also determined that the Center denied the complainant's request
for access because her therapists believed providing the records to her
would likely cause her substantial harm. The Center did not, however,
provide the complainant with the opportunity to have the denial
reviewed, as required by the Privacy Rule. Among other corrective
action taken to resolve this issue, the Center provided the complainant
with a copy of her records.
| Mental Health Center Provides Access after Denial Covered Entity: Mental Health Center Issue: Access, Authorization The complainant alleged that a mental health center (the "Center") improperly provided her records to her auto insurance company and refused to provide her with a copy of her medical records. The Center provided OCR with a valid authorization, signed by the complainant, permitting the release of information to the auto insurance company. OCR also determined that the Center denied the complainant's request for access because her therapists believed providing the records to her would likely cause her substantial harm. The Center did not, ...read more |
| Private Practice Revises Access Procedure to Provide Access Despite an Outstanding Balance Covered Entity: Private Practice Issue: Access A complainant alleged that a private practice physician denied her access to her medical records, because the complainant had an outstanding balance for services the physician had provided. During OCR’s investigation, the physician confirmed that the complainant was not given access to her medical record because of the outstanding balance. OCR provided technical assistance to the physician, explaining that, in general, the Privacy Rule requires that a covered entity provide an individual access to their medical record within 30 days of ...read more |
| Physician Revises Faxing Procedures to Safeguard PHI Covered Entity: Health Care Provider Issue: Safeguards A doctor's office disclosed a patient's HIV status when the office mistakenly faxed medical records to the patient's place of employment instead of to the patient's new health care provider. The employee responsible for the disclosure received a written disciplinary warning, and both the employee and the physician apologized to the patient. To resolve this matter, OCR also required the practice to revise the office's fax cover page to underscore a confidential communication for the intended recipient. The office informed all its employees of the ...read more |
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