NRPM: Standards for Privacy of Individually Identifiable Health Information. § 164.514 Access of individuals to protected health information.


Given that the burden associated with the following information collection requirements will differ significantly, by the type and size of plan or provider, we are explicitly soliciting comment on the burden associated with the following proposed requirements:

  • An individual has a right of access to, which includes a right to inspect and obtain a copy of, his or her protected health information in a designated record set of a covered entity that is a health plan or a health care provider, including such information in a business partner’s designated record set that is not a duplicate of the information held by the provider or plan, for so long as the information is maintained;
  • Where the request is denied in whole or in part, the health plan or a health care provider would provide the individual with a written statement of the basis for the denial and a description of how the individual may complain to the covered entity pursuant to the complaint procedures established in § 164.518 or to the Secretary pursuant to the procedures established in § 164.522 of this subpart.