NRPM: Standards for Privacy of Individually Identifiable Health Information. c. Provision of other protected health information where access for inspection and copying is denied.


In proposed § 164.514(b)(2), we would require a covered plan or provider that elects to deny a request for inspection or copying as provided above to make any other protected health information requested available to the individual to the extent possible consistent with the denial. The plan or provider could redact or otherwise exclude only the information that falls within one or more of the denial criteria described above and would be required to permit inspection and copying of all remaining information. This provision is key to the right to inspect and copy one’s health information. We intend to create narrow exceptions to the stated rule of open access for inspection and copying and we would expect covered plans or providers to employ these exceptions rarely, if at all. In the event that a covered plan or provider would find it necessary to deny access, then the denial would need to be as limited in scope as possible.