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Illinois
Department of Human Services
Michelle R.B. Saddler, Secretary
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04) Recordkeeping
f) Accounting of Disclosures
Exceptions
- An individual has a right to receive an accounting of any disclosures of PHI made in the six years prior to the date on which the accounting is requested, except for disclosures:
To carry out treatment, payment and health care operations;
To the subjects of the protected information;
As authorized by law, valid consent or authorization;
To persons involved in the individual's care or other notification purposes as provided in 45 CFR 164.510 (for example, disclosures to a close friend or clergy member);
For national security or intelligence purposes;
To correctional institutions or law enforcement officials as provided in 45 CFR 164.512(k)(5); or g) That occurred prior to April 14, 2003.
Suspension by enforcement agencies
- Health oversight agencies and law enforcement agencies may temporarily suspend individuals' rights to accounting of disclosure if it may impede their activities.
Contents of accounting disclosure
- Accounting must include for each disclosure:
The date of the disclosure;
The name of the entity or person who received the PHI and, if known, the address of the entity or person;
A brief description of the PHI disclosed; and
A brief statement of the purpose of the disclosure that reasonably informs the individual of the basis for the disclosure, or a copy of the written request.
If during the period covered by the accounting, multiple disclosures were made to the same person or entity for a single purpose, the accounting may, with respect to such multiple disclosures, provide the above information regarding the first disclosure, the frequency, or number of disclosures and the date of the last such disclosure.
Action in 60 days
- You must act on a request for an accounting no later than 60 days after receipt of the request, by either providing the individual with the accounting requested; or extend the time by no more than 30 days if you provide the individual with a written statement of the reasons for the delay and the date by which you will provide the requested accounting.
Fees
- You must provide the first accounting to an individual in any 12-month period without charge. You may impose a fee for each subsequent request by the same individual within a 12-month period, unless (pursuant to FERPA) such a fee would prevent the individual from exercising this right. You must advise the individual in advance of the fee and provide the opportunity to withdraw or modify the request for a subsequent accounting in order to avoid or reduce the fees.
Related Links
a) POLICY
b) Access to Records
c) Access to Protected Health Information
d) Amendment of Protected Health Information
e) Hearing Regarding Records
f) Accounting of Disclosures
g) HIPAA “Minimum Necessary” Requirement
h) Complaint Process
i) Permanent Case Records
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