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.
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| Enforcement Results as of September 30, 2022 Since the compliance date of the Privacy Rule in April 2003, OCR has received over 309,475 HIPAA complaints and has initiated over 1,053 compliance reviews. We have resolved ninety-seven percent of these cases (300,427). OCR has investigated and resolved over 29,779 cases by requiring changes in privacy practices and corrective actions by, or providing technical assistance to, HIPAA covered entities and their business associates. Corrective actions obtained by OCR from these entities have resulted in change that is systemic and that affects all the individuals they serve. OCR has successfully enforced the ...read more |
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| Can a covered entity refuse to disclose ePHI to an app chosen by an individual because of concerns about how the app will use or disclose the ePHI it receives? No. The HIPAA Privacy Rule generally prohibits a covered entity from refusing to disclose ePHI to a third-party app designated by the individual if the ePHI is readily producible in the form and format used by the app. See 45 CFR 164.524(a)(1), (c)(2)(ii), (c)(3)(ii). The HIPAA Rules do not impose any restrictions on how an individual or the individual’s designee, such as an app, may use the health information ...read more |
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