Under what circumstances may a covered entity deny access to or copies of the individually identifiable answer sheet and output reports?
Denials can be based on the application of professional judgment on the part of the covered entity. HIPAA regulations state that a covered entity may deny an individual access, provided that the individual is given a right to have such denials reviewed … in the following circumstances: (i) A licensed health care 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; (ii) The protected health information makes reference to another person (unless such other person is a health care provider) and a licensed health care professional has determined, in the exercise of professional judgment, that the access requested is reasonably likely to cause substantial harm to such other person; or (iii) The request for access is made by the individual’s personal representative and a licensed health care professional has determined, in the exercise of professional
Related Questions
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