tci Medicare Compliance & Reimbursement - 2022 Issue Q3

Reader Questions: Review Right of Access Rules on Patient Record Requests

Question: One of our patients has a sizable balance and hasn’t responded to requests for payment. They sent a request asking for a copy of their health records. Can I withhold them until they pay for the services we’ve already provided? Texas Subscriber Answer: No, you cannot withhold protected health information (PHI) for that reason, according to the Department of Health and Human Services (HHS). “A covered entity may charge an individual that has requested a copy of her PHI a reasonable, cost-based fee for the copy. See 45 CFR 164.524(c)(4). However, a covered entity...

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