NRPM: Standards for Privacy of Individually Identifiable Health Information. iii. Duration of the right of access.


We are proposing that covered plans and providers be required to provide access for as long as the entity maintains the protected health information. We considered requiring covered plans and providers to provide access for a specific period or defining a specific retention period. We rejected that approach because many laws and professional standards already designate specific retention periods and we did not want to create unnecessary confusion. In addition, we concluded that individuals should be permitted to have access for as long as the information is maintained by the covered plan or provider. We are soliciting comments on whether we should include a specific duration requirement in this proposed rule.