ROWAN UNIVERSITY POLICY
Title: Request for Restriction of Uses and Disclosures of Protected Health Information
Subject: Office of Compliance & Corporate Integrity (OCCI)
Policy No: OCCI: 2013: P06
Applies: RowanSOM
Issuing Authority: Rowan President & RowanSOM Dean
Responsible Authority: RowanSOM Chief Compliance and Privacy Officer & Rowan Security Officer
Adopted: 1/23/2003
Amended: 7/01/2013
Reviewed: XX/XX/2014
To establish a policy that ensures Rowan School of Medicine (RowanSOM) compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) in providing an individual the right to restrict uses and disclosures of Protected Health Information (PHI).
II.ACCOUNTABILITY
Under the direction of the President, the Dean, Executive Vice President of Administration and Strategic Planning, Executive Vice President for Academic and Clinical Affairs, General Counsel, Chief Compliance & Privacy Officer and Rowan Security Officer shall ensure compliance with this policy.
This policy shall apply to health information that is generated during provisions of health care to patients in any of the RowanSOM's patient care units, patient care centers or faculty practices as well as Human Subjects research under the auspices of the University or by any of its agents in all RowanSOM departments and University owned or operated facilities.
III.DEFINITIONS
A. "Designated Record Set" - Medical or billing records about individuals maintained by or for a healthcare provider; the enrollment, payment, claims adjudication, and case or medical management record systems maintained by or for a health plan; or records used in whole or in part by or for the provider to make decisions about individuals.
1.Except as provided in paragraph two of this definition that is: a) transmitted by electronic media; b) maintained in electronic media; or c) transmitted or maintained in any other form or medium
2.Protected health information excludes individually identifiable health information in: a) Education records covered by the Family Educational Rights and Privacy Act, as amended, 20 U.S.C. 1232g; b) Records described at 20 U.S.C. 1232g(a)(4)(B)(iv); and c) Employment records held by a covered entity in its role as employer.
IV.REFERENCES
B.Uses and Disclosures of Health Information; With and Without an Authorization
C. HITECH Act, Section 13405(a) Right to Request a Restriction of Uses and Disclosures
The following policies provide additional and related information:
DStandards for Privacy of Individually Identifiable Health Information
E.Access of Individuals to Health Information
V.POLICY
A.Requirements
2. Rowan University School of Medicine units must send the Request for Restriction of Disclosure Form Request for Restriction of Disclosure Form
http://www.rowan.edu/compliance/policies/documents/RequestforRestrictionForm_000.pdf
to Ray Braeunig, Chief Compliance & Privacy Officer, for approval or denial. If denied, the rationale must be documented.
3. All requests for restrictions and termination of the agreement to restrict must be in writing.
3. If a RowanSOM unit agrees to an individual's restriction request, RowanSOM is not permitted to use or disclose the specified PHI in any manner, except in the event that the individual is in need to emergency treatment and the restricted PHI is needed to provide such treatment. In this case, the unit may use the restricted PHI or disclose the PHI to a healthcare provider to provide such treatment to the individual. In this event, RowanSOM must request that such health care provider, not further use or disclose the information.
By Direction of the President:
Signature on file
RowanSOM Chief Compliance and Privacy Officer
ATTACHMENTS 1
HYPERLINKS