Okla. Admin. Code § 450:15-3-66

Current through Vol. 42, No. 4, November 1, 2024

Section 450:15-3-66 - Right to an accounting of disclosures from facilities operated by ODMHSAS

Facilities operated by ODMHSAS must provide to consumers upon request an accounting of disclosures of health information in the designated record set as provided below:

(1) The consumer must make a written request to the facility's health information director, ODMHSAS Privacy Officer, or designee.

(2) The facility must provide an accounting of disclosures made of the consumer's designated record set during a time period specified up to six (6) years prior to the date of the request for an accounting except for disclosures:

(A) To carry out treatment, payment or health care operations as permitted under law;

(B) To the consumer about his or her own information;

(C) Authorized by the consumer;

(D) To persons involved in the consumer's care or other notification purposes permitted under law;

(E) For national security or intelligence purposes;

(F) To corrections officials or law enforcement officials as permitted under law; or

(G) That are a part of a limited data set;

(H) That are merely incidental to another permissible use or disclosure;

(I) Which were made before April 14, 2003;

(J) In certain circumstances involving health oversight, a facility may temporarily suspend the consumer's right to receive an accounting of disclosures.

(3) The accounting for disclosure must contain the following information for each disclosure:

(A) Date of disclosure;

(B) Name of entity or person who received the information, and, if known, the address of such entity or person;

(C) A brief description of the information from the designated record set disclosed; and

(D) The purpose for which the disclosure was made;

(4) If during the time period for the accounting, multiple disclosures have been made to the same person or entity for a single purpose, or pursuant to a single authorization, the accounting may provide information as set forth above for the first disclosure, and then summarize the frequency, periodicity, or number of disclosures made during the accounting period and the date of the last such disclosure during the accounting period.

(5) The facility shall have sixty (60) days to act on the request for accounting of disclosures, unless the facility sends the consumer a letter within the initial sixty (60) day period extending the period for no more than an additional thirty (30) days. The letter shall explain the reasons for delay and the date on which the accounting will be provided.

(6) The first accounting in any twelve (12) month period must be provided to the consumer without charge. A reasonable, cost-based fee may be charged for additional accountings within the twelve (12) month period, provided the consumer is informed in advance of the fee, and is permitted an opportunity to withdraw or amend the request.

(7) The facility must document the following:

(A) All information required to be included in an accounting of disclosures of information from the designated record set;

(B) All written accountings provided to consumers, and;

(C) Titles of persons or offices responsible for receiving and processing requests for an accounting from consumers.

Okla. Admin. Code § 450:15-3-66

Added at 20 Ok Reg 654, eff 2-27-03 (emergency); Added at 20 Ok Reg 2110, eff 7-1-03; Amended at 29 Ok Reg 493, eff 7-1-12