Are the HIPAA Privacy Rule’s requirements regarding patient access in harmony with the Clinical Laboratory Improvements Amendments of 1988 (CLIA)?
Yes. The Privacy Rule does not require clinical laboratories that are also covered health care providers to provide an individual access to information if CLIA prohibits them from doing so. CLIA permits clinical laboratories to provide clinical laboratory test records and reports only to “authorized persons,” as defined primarily by State law. The individual who is the subject of the information is not always included as an authorized person. Therefore, the Privacy Rule includes an exception to individuals’ general right to access protected health information about themselves if providing an individual such access would be in conflict with CLIA.
Related Questions
- Are the HIPAA Privacy Rule Requirements applied in the same manner for self-funded employer groups as they are for fully insured employer groups?
- Are the HIPAA Privacy Rules requirements regarding patient access in harmony with the Clinical Laboratory Improvements Amendments of 1988 (CLIA)?
- By establishing new waiver criteria and authorization requirements, hasn t the HIPAA Privacy Rule, in effect, modified the Common Rule?