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A. RowanSOM and/or its covered entities must provide an individual with the right of access to inspect and obtain a copy of protected health information pertaining to the individual in a designated record set as long as the record is maintained by RowanSOM. RowanSOM requires individuals to make requests for access in writing. A copy of the Request for Access to Protected Health Information form may be accessed at the following website: http://www.rowan.edu/compliance/documents/ROWANRequestforAccesstoPHIForm.pdf

B. Requirements:

1. RowanSOM and/or its covered entities must provide access to inspect and obtain a copy of an individual’s PHI, except for:
   1. psychotherapy notes
   2. information compiled in reasonable anticipation of, or for use in, a civil, criminal or administrative action or proceeding
   3. PHI maintained by RowanSOM that is subject to Clinical Laboratory Improvements Act (CLIA) amendments of 1988 to the extent that CLIA would prohibit an individual’s access to the information in question.
2. RowanSOM may deny an individual access without providing the individual an opportunity for review in the following circumstances:
   1. Unreviewable Grounds for Denial
      1. The PHI is the subject of one of the items in section V.A.
      2. The PHI was created or obtained by a covered health care provider in the course of research that includes treatment, provided that the individual had agreed to the denial of access at the time consent was given by the individual for participation in the research. In this instance, the right of access for PHI is temporarily suspended and will be reinstated upon the completion of the research.
      3. The PHI was obtained from someone other than a health care provider under a promise of confidentiality and the access requested would be reasonably likely to reveal the source of the information.
      4. The PHI that is contained in records, are subject to the Privacy Act, 5 U.S.C. 552a, if the denial of access under the Privacy Act would meet the requirements of that law.
3. RowanSOM may deny an individual access providing the individual is given a right to have such denial reviewed by a licensed health care professional who is designated by RowanSOM to act as a reviewing official and who did not participate in the original decision to deny in the following circumstances:
   1. Reviewable Grounds for Denial
      1. A licensed health care professional has determined that the access requested is reasonably likely to endanger the life or physical safety of the individual or another person.
      2. The PHI makes reference to another person and a licensed health care professional makes the determination that the access requested is reasonably likely to cause substantial harm to such other person.
      3. The request for access is made by the individual’s personal representative and a licensed health care professional makes the determination that the provision of access to the personal representative is reasonably likely to cause substantial harm to the individual or another person.

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