Current through Register Vol. 63, No. 3, March 1, 2024
(1) The department will provide each AIC,
upon request by the AIC, a single paper copy of that AIC's healthcare record
established under OAR 291-124-0075. The free copy provided in this rule is
limited to only paper records that may be readily photocopied, and will not
include, among other records, electronic documents, x-ray film, oversized
records (exceeding 11 inches in width or 17 inches in length, or both), or
other non-paper records.
(a) An AIC may
obtain a free copy of the healthcare records provided under this rule by
submitting a written request to a Medical Services Manager or institution
medical records specialist. A former AIC, within one year from release from DOC
custody, may request the free copy provided under this rule by submitting a
written request to Paroled Medical Records staff. In a written request under
this rule, the AIC may request a complete copy of all paper records. The AIC
must include with that written request an authorization to disclose protected
health information that complies with ORS
179.505(3) and,
when necessary, ORS 192.566.
(b) The free copy provided in this rule will
be provided only to the AIC, is not subject to the disclosure timeline provided
in ORS 179.505(9)(a)
and will be provided only after the department has waived fees the department
may otherwise charge under ORS
192.563. Nothing in this rule
shall be construed as limiting an AIC to separately obtain healthcare records
under ORS 179.505, subject to an
obligation to pay charges authorized under ORS
192.563, or to obtain a copy of
healthcare records as provided under ORS
192.576.
(c) An AIC who has previously obtained a free
copy of any paper records under this rule may make additional requests for
paper records that the AIC has not previously requested under this rule. For
example, an AIC may submit a request for paper records the AIC did not request
in a prior request under this rule, or an AIC may request new or updated
records created since the AIC's prior request under this rule.
(d) Notwithstanding any other provision in
this rule, the AIC will remain responsible for following any administrative
rules and institutional limits on the storage of paper records, including any
limits on the number of paper records that may be physically stored within a
cell or designated storage areas. The AIC will remain responsible for any
postage or shipping costs necessary to mail any records out of a correctional
facility in order to comply with any applicable storage limits.
(2) Except as provided in
subsection (1), a request for health records will be processed in accordance
with ORS 179.505 and ORS
192.563. The cost of duplication
of health records with a signed written disclosure authorization will be
assessed as follows:
(a) Pages 1 through 10 -
$1.25 each;
(b) Each additional
page $.25 each;
(c) Postage at
current postal rates; and
(d)
Actual costs for duplication of diagnostic x-rays.
(e) Actual costs for preparing explanation or
summary of protected health information as requested by individual or personal
representative of the individual.
(3) When processing a request under this
rule, the Department of Corrections may withhold disclosure of healthcare
records as provided under ORS
179.505(9) or
other healthcare records as provided by law.
Statutory/Other Authority: 192.563, 192.318, 192.324,
192.576, 423.020, 423.030 & 423.075
Statutes/Other Implemented: 192.505, 192.324, 192.576,
423.020, 423.030 & 423.075
