When patients request access to their information, must we provide information that is held by a BA?
HIPAA Weekly Advisor, May 1, 2006
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Yes. The HHS commentary notes that to meet the requirements for providing access, you must not only provide access to the PHI you hold, but also to such information in your BA's designated record set. You do not have to do this if the BA's information is the same as information that you directly maintain.
For more information, see Section 164.524(a) Access to Protected Health Information of the privacy rule.
Editor's note: Attorneys from Bricker & Eckler, LLP, answered this question. This is not legal advice. Consult with your attorney for legal matters.
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