Common use of Denial of a Request for Access Clause in Contracts

Denial of a Request for Access. 4.1. If the request for access is denied, the HIPAA Compliance Officer shall send the requestor a “Denial of Request for Access to Protected Health Information Form,” outlining the reason for the denial and explaining the individual’s rights regarding the denial. Patient access may be denied for the reasons listed below: 4.1.1. If the information the patient requested was compiled in reasonable anticipation of, or use in, a civil, criminal or administrative action or proceeding; 4.1.2. If the information the patient requested was obtained from someone other than a healthcare provider under a promise of confidentiality and the access requested would be reasonably likely to reveal the source of the information; 4.1.3. If a licensed healthcare professional has determined, in the exercise of professional judgment, that the access requested is reasonably likely to endanger the life or physical safety of the individual or another person; 4.1.4. If the PHI makes reference to another person (other than a healthcare provider) and a licensed health professional has determined, in the exercise of professional judgment, that the access requested is reasonably likely to cause substantial harm to that person; or 4.1.5. If the request for access is made by a requestor as a personal representative of the individual and a licensed health professional has determined, in the exercise of professional judgment, that access is reasonably likely to cause harm to the individual or another person. 4.2. If the denial of the request for access to PHI is for reasons 4.1.3., 4.1.4., or 4.1.5. above, then the patient may request a review of the denial of access by sending a written request to the HIPAA Compliance Officer. 4.2.1. Ada County Paramedics will designate a licensed health professional, who was not directly involved in the denial, to review the decision to deny the patient access. Ada County Paramedics will promptly refer the request to this designated review official. The review official will determine within a reasonable period of time whether the denial is appropriate. Ada County Paramedics will provide the patient with written notice of the determination of the designated reviewing official. 4.2.2. The patient may also file a complaint in accordance with Ada County Paramedics’ “Procedure for Filing Complaints About Privacy Practices” if the patient is not satisfied with Ada County Paramedics’ determination. To ensure that Ada County Paramedics patients and their authorized representatives are granted rights regarding Protected Health Information (“PHI”) in accordance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), this policy establishes what PHI at Ada County Paramedics should be accessible to patients as a part of a Designated Record Set (“DRS”). Under HIPAA, a DRS includes medical records that are created or used by Ada County Paramedics to make decisions about the patient.

Denial of a Request for Access. 4.1. If the request for access is denied, the HIPAA Compliance Officer shall send the requestor a “Denial of Request for Access to Protected Health Information Form,” outlining the reason for the denial and explaining the individualindividua l’s rights regarding the denial. Patient access may be denied denie d for the reasons listed below: 4.1.1. If the information the patient requested was compiled in reasonable anticipation of, or use in, a civil, criminal or administrative action or proceeding; 4.1.2. If the information the patient requested was obtained from someone other than a healthcare provider under a promise of confidentiality and the access requested would be reasonably likely to reveal the source of the information; 4.1.3. If a licensed healthcare professional has determined, in the exercise of professional judgment, that the access requested is reasonably likely to endanger the life or physical safety of the individual individua l or another person; 4.1.4. If the PHI makes reference to another person (other than a healthcare provider) and a licensed health professional has determined, in the exercise of professional judgment, that the access requested is reasonably likely to cause substantial harm to that person; or 4.1.5. If the request for access is made by a requestor as a personal representative of the individual individua l and a licensed health professional has determined, in the exercise of professional judgment, that access is reasonably likely to cause harm to the individual individua l or another person. 4.2. If the denial of the request for access to PHI is for reasons 4.1.3., 4.1.4., or 4.1.5. aboveabove , then the patient may request a review of the denial of access by sending a written request to the HIPAA Compliance Officer. 4.2.1. Ada County Paramedics will designate a licensed health professional, who was not directly involved in the denial, to review the decision to deny the patient access. Ada County Paramedics will promptly refer the request to this designated review official. The review official will determine within a reasonable period of time whether the denial is appropriate. Ada County Paramedics will provide the patient with written notice of the determination of the designated reviewing official. 4.2.2. The patient may also file a complaint in accordance with Ada County Paramedics’ “Procedure for Filing Complaints About Privacy Practices” if the patient is not satisfied with Ada County Paramedics’ determination. To ensure that Ada County Paramedics patients and their authorized representatives are granted rights regarding Protected Health Information (“PHI”) in accordance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), this policy establishes what PHI at Ada County Paramedics should be accessible to patients as a part of a Designated Record Set (“DRS”). Under HIPAA, a DRS includes medical records that are created or used by Ada County Paramedics to make decisions about the patient.

Denial of a Request for Access. 4.1. If the request for access is denied, the HIPAA Compliance Officer shall send the requestor a “Denial of Request for Access to Protected Health Information Form,” outlining the reason for the denial and explaining the individual’s rights regarding the denial. Patient access may be denied for the reasons listed below: 4.1.1. If the information the patient requested was compiled in reasonable anticipation of, or use in, a civil, criminal or administrative action or proceeding; 4.1.2. If the information the patient requested was obtained from someone other than a healthcare provider under a promise of confidentiality and the access requested would be reasonably likely to reveal the source of the information; 4.1.3. If a licensed healthcare professional has determined, in the exercise of professional judgment, that the access requested is reasonably likely to endanger the life or physical safety of the individual or another person; 4.1.4. If the PHI makes reference to another person (other than a healthcare provider) and a licensed health professional has determined, in the exercise of professional judgment, that the access requested is reasonably likely to cause substantial harm to that person; or 4.1.5. If the request for access is made by a requestor as a personal representative of the individual and a licensed health professional has determined, in the exercise of professional judgment, that access is reasonably likely to cause harm to the individual or another person. 4.2. If the denial of the request for access to PHI is for reasons 4.1.3., 4.1.4., or 4.1.5. above, then the patient may request a review of the denial of access by sending a written request to the HIPAA Compliance Officer. 4.2.1. Ada County Paramedics will designate a licensed health professional, who was not directly involved in the denial, to review the decision to deny the patient access. Ada County Paramedics will promptly refer the request to this designated review official. The review official will determine within a reasonable period of time whether the denial is appropriate. Ada County Paramedics will provide the patient with written notice of the determination of the designated reviewing official. 4.2.2. The patient may also file a complaint in accordance with Ada County Paramedics’ “Procedure for Filing Complaints About Privacy Practices” if the patient is not satisfied with Ada County Paramedics’ determination. To ensure that Ada County Paramedics patients and their authorized representatives are granted rights regarding Protected Health Information (“PHI”) in accordance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), this policy establishes what PHI at Ada County Paramedics should be accessible to patients as a part of a Designated Record Set (“DRS”). Under HIPAA, a DRS includes medical records that are created or used by Ada County Paramedics to make decisions about the patient.