Obligation to Comply With Release of Information Within 30 days

Did you know…

HIPAA requires that healthcare providers disclose within 30 days of receiving a request for release of information. This rule is enforced by the Federal Department of Health and Human Services!

Under the HIPAA Privacy Rule, patients, patients’ designees and patients’ personal representatives can see or be given a copy of the patients’ protected health information, including an electronic copy, with limited exceptions. In doing so, the patient or the personal representative may have to put their request in writing and pay for the cost of copying, mailing, or electronic media on which the information is provided, such as a CD or flash drive. In most cases, copies must be given to the patient within 30 days of his or her request.

The final rule is available for review at: http://www.federalregister.gov

Any release requesting the release of mental health records or information must be compliant with section 5 of the Illinois Mental Health and Developmental Disabilities Confidentiality Act. If you wish to receive a free copy of a compliant release, please feel free to contact our office.

If you would like more information regarding this obligation or to consult with regard to any aspects of your clinical or professional practice, please feel free to contact Jonathan Nye, J.D. at 847-279-0026.