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The analysis of any legal or medical billing is dependent on numerous specific facts — including the factual situations present related to the patients, the practice, the professionals and the medical services and advice. Additionally, laws and regulations and insurance and payer policies are subject to change. The information that has been accurate previously can be particularly dependent on changes in time or circumstances. The information contained in this web site is intended as general information only. It is not intended to serve as medical, health, legal or financial advice or as a substitute for professional advice of a medical coding professional, healthcare consultant, physician or medical professional, legal counsel, accountant or financial advisor. If you have a question about a specific matter, you should contact a professional advisor directly. CPT copyright American Medical Association. All rights reserved. CPT is a registered trademark of the American Medical Association.

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Patient Rights Under the Privacy Rule

Patients have a number of rights with respect to their PHI.  This includes the right to access PHI, request additional protections, request amendments, and requests for an accounting of disclosers. 

Rights to Request Privacy Protection for PHI

    • What rights does a patient have to request additional privacy protections?
    • Can a provider refuse to agree to a restriction?
    • When does a provider have to agree to a request?
    • Can the provider set conditions for confidential communications?
    • Can a provider terminate a restriction?

Patient Access to PHI

    • What is required in the notice of denial?
    • What responsibilities does a provider have after making the denial?
    • What does the provider need to do if the patient requests a review?
    • What obligations do providers have with respect to patient requests for PHI?
    • When does the provider need to act on the request?
    • What kind of access does the provider need to give the patient?
    • What does the provider need to do if the request is for an electronic copy?
    • What does the provider need to do when a copy is requested?
    • Can a provider charge for copies?

Requesting an Amendment to PHI

    • What rights does a patient have to request an amendment to their PHI?
    • When does the provider need to act on the patient’s request?
    • What does the provider need to do if the amendment is accepted?
    • What does the provider need to if they deny the request?
    • What does the provider need to document when they deny an amendment?
    • What does a provider need to do when they receive an amendment from another provider?

Requesting an Accounting of Disclosures of PHI

    • What rights do patients have to an accounting of disclosures of PHI?
    • When does the provider need to deny the request for an accounting?
    • What needs to be included in the accounting?
    • When does the provider need to act on the accounting?
    • What needs to be documented in the patient’s record?


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