N.J. Admin. Code § 10:37G-3.6
Current through Register Vol. 56, No. 21, November 4, 2024
Section 10:37G-3.6 - Denials of access to patient protected health information(a) STCF staff shall comply with the following procedures and standards in the event that a patient request to review the patient's own patient PHI is denied: 1. The STCF service's decision to deny a patient access to his or her own patient PHI shall be in writing and given to the patient. The written denial shall state the reason for the denial and shall describe the patient's right to a review of the denial and how the review can be obtained. The written denial shall comply with the additional requirements of the HIPAA privacy rule set forth in 45 CFR 164.524.2. Patients shall be given access to the patient PHI that is not part of the denial.3. Upon the patient's request, the denial decision shall be reviewed by a supervisory licensed health care professional who was not directly involved in the initial denial decision.4. The reviewing official shall uphold the denial decision if:i. The requested information was obtained from someone other than a health care provider under a promise of confidentiality, and where the access requested would be reasonably likely to reveal the source of the information;ii. Disclosure of the requested information, in the professional judgment of a licensed health care professional, is reasonably likely to endanger the life or physical safety of the patient or another person; oriii. The requested information makes reference to another person (unless such other person is a health care provider), and in the professional judgment of a licensed health care professional, access is reasonably likely to cause substantial harm to such other person.5. STCF staff shall provide written notice to the patient of the reviewing official's determination and shall perform whatever other action is necessary to carry out the reviewing official's determination.N.J. Admin. Code § 10:37G-3.6
Adopted by47 N.J.R. 1323(a), Effective 6/15/2015