Health Information Management

Are patients entitled to all of the information in the designated record set?

HIPAA Weekly Advisor, June 7, 2004

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Q: Are patients entitled to all of the information in the designated record set?

A: Patients are allowed access to the designated record set, but cannot access the following information: 

  • Psychotherapy notes 
  • Information compiled in reasonable anticipation of, or for use in, a civil, criminal, or administrative action or proceeding

Additionally, patients are not allowed to access to protected health information  maintained by a covered entity that is either subject to the Clinical Laboratory Improvements Amendments (CLIA) to the extent the provision of access to the individual would be prohibited by law, or is a laboratory exempt from CLIA.

There are other exceptions to access in certain circumstances. For detailed information on these exceptions see the subcategory Denial of Access on the Bricker & Eckler Web site.

For more information see Section 164.524(a) Access to Protected Health Information</a>. 



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