Conflict with another acts
The statute of PHIPAA makes it crystal clear that and states the list of laws with whom this act may come in conflict with and in this regard the act clarifies which law to prevail in case of such conflict. The conflict shall not exist unless it becomes impossible to comply with both the acts (PHIPPA and another act of legislature).
Firstly, it specifies that unless and otherwise it is expressly provided, if a provision of this act comes in conflict with another act then, the regulations of PHIPAA shall prevail. However, in case the provisions of this act come in conflict with the Mental Health Act then the Mental Health Act shall prevail.
Access to Personal Health Information
There are certain rights which Individuals have as per the provisions of this act and those rights are: (1) Right to examine or copy personal health information (2) Right to Request a correction.
1) Right to examine or copy personal health Information (7 to 14)
As per section 7 of the act an individual has a right to examine or receive a copy of his/her personal health information maintained by a custodian.
In order to exercise this right an individual needs to make a written request to the custodian saying that the individual believes that they (custodian) have the custody and control over the personal health information containing some details in order to allow the custodian to identify and locate the record with reasonable efforts.
Custodian’s response
Upon receiving the written request u/s.7 of this act, The Custodian must reply as promptly as possible and, in all circumstances no later than 30 business days after receiving it, in case custodia has failed to reply within the stipulated period of time then this will be treated as a decision to refuse to permit the personal health information to be examined of copied.
While replying to the request of an individual, custodian must make the personal health information available to the individual or inform in writing if the personal health information does not exist or inform that request is refused (in whole or in part) and advise the individual of the right to make a complaint about the refusal.
The above mentioned 30 business day time may be extended in the following circumstances-
- if the individual making does not give sufficient information to identify a requested record
- The individual making the request does not respond to a request for clarifications by the custodian,
- If the record is in an official language the physician cannot understand,
- Records are large in number and would interfere unreasonably with the operations of teh custodian,
- Time is needed to notify third parties etc.
In the above circumstances the time may be extended. We shall discuss the second right in detail in our next article.
To Be Continued………………….
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