New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 37G - SHORT TERM CARE FACILITY STANDARDS
Subchapter 3 - CONFIDENTIALITY OF PATIENT RECORDS
Section 10:37G-3.6 - Denials of access to patient protected health information
Universal Citation: NJ Admin Code 10:37G-3.6
Current through Register Vol. 56, No. 18, September 16, 2024
(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; or
iii. 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.
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