HIPAA requires healthcare providers to respond to a patient’s request for access to their protected health information (PHI) within a specific timeframe. They have to act on these requests no later than 30 calendar days from the date it is received.
According to a Questions and Answers section in the Journal of Legal Nurse Consulting, “If, for any reason, the covered entity is unable to produce the records within the 30-day time limit (other than the aforementioned issue that the information is maintained off-site), the entity must provide written explanation for the delay and the date by which they will complete the request.”
The extension making of an additional 30 days (making the total 60 days) is contingent on providing the patient with written notice that explains the reason for the delay and specifies the expected date of completion. The structured timeline allows patients to receive timely access to their PHI.
The consequences of failing to meet the time limit
- Covered entities can face civil penalties that vary based on the level of culpability.
- A failure to respond within the required timeframe may lead to heightened scrutiny from the Office for Civil Rights (OCR) resulting in audits or investigations into the organization's compliance practices.
- Patients have the right to file complaints with the OCR if they believe their rights have been violated.
- Organizations that fail to meet HIPAA requirements may be mandated to implement corrective action plans, which require them to address compliance deficiencies and improve their policies and procedures.
- When violations are deemed intentional or due to willful neglect, the individual responsible within the organization could face criminal charges.
How to healthcare organizations can handle the time limit
To ensure compliance, organizations must establish clear protocols for managing patient requests for access to their PHI, including designated staff responsible for timely responsibility. The use of HIPAA compliant email platforms like Paubox allows healthcare organizations to securely communicate the information requested. These email systems securely transmit PHI while also providing a streamlined method for these requests to be fulfilled within the mandated 30-day window. Patients can also be informed about rejections (which can occur under specific conditions) of patients' requests alongside having the option to provide the reason behind it.
FAQs
What are a patient's rights under HIPAA?
HIPAA provides the right to access and obtain copies of their medical records; the right to request corrections or amendments to their health records if they believe the information is inaccurate or incomplete; and the right to receive a Notice of Privacy Practices that explains how their information is used and shared. Patients can also request restrictions on certain uses and disclosures.
What is accessible at a patient's request?
Patients have the right to access information in a designated record set.
Can a family request the medical records of a relative?
HIPAA protects patient privacy meaning that healthcare providers must obtain authorization from a patient before disclosing their health information to family members or others.
Kirsten Peremore
