Case records are the property of DHS. The CAO will monitor access to case records by persons outside DHS and by clients.
A person may not have direct access to DHS records unless the records are essential to conducting their duties and:
The person has an official connection with DHS, or
The person is an employee of another Commonwealth or federal agency officially charged with administrative supervision, review, evaluation, or audit.
NOTE: An auditor from the Department of the Auditor General or Department of the Treasury will have access to records during an auditing process.
A person has the right to access, inspect and obtain a copy of PHI for as long as the information is kept in the records. The request for access, inspection or copies of information must be in writing. See Appendix A for a copy of form PA 1805, Request to Access, Inspect or Obtain a Copy of Protected Health Information.
The CAO will allow a client or his/her authorized representative to examine the client’s case record with a staff member present if the client makes the request:
At reapplication.
After a request for a fair hearing, or
At any other time approved by the Executive Director.
NOTE: These criteria do not apply to legal actions to access a client’s records such as a subpoena or an attorney’s preparation for a hearing.
A client's access to his or her case record applies whether the case is open or closed. The CAO may not require a client to name a representative in writing. However, the CAO may contact the client for verification if it has reason to doubt that the person is the client's authorized representative or personal representative.
The CAO will remove this information from the case record before giving the client access to the record:
Case narrative before January 1, 1980, unless the information is directly related to the client's request for a fair hearing.
Case narrative of complaints or allegations about the client.
NOTE: The CAO may give a summary of a complaint to the client only if the summary does not reveal the complainant’s name. The CAO will not give the complainant’s name under any circumstances.
Personal or private information about another person identified in the case record.
Information gathered in anticipation of or for use in a pending civil, criminal, or administrative action or proceeding.
Documents from OGC with legal advice to the CAO. These are private attorney/client documents (the CAO is the client of the DHS attorney). The documents are not part of the case record.
When the CAO receives a request to access information it will:
Act on the request no later than 30 days after receiving the request.
Inform the client and make the information available in a secure and confidential way at the CAO at a time convenient for the client.
The CAO will not allow the client to remove any information from the case record.
Based on the client's request, the CAO will provide photo copies of up to ten (10) pages from the record. If the client asks for more than ten (10) pages, the CAO charges the client using this schedule:
|
Number of pages |
1 copy |
2 or more copies |
|
1 through 10 |
no fee |
$ .50 each page |
|
11 and above |
$.25 each page |
$ .50 each page |
|
Example: 10 pages |
no fee |
$ 5.00 each copy |
|
12 pages |
$ .50 |
$ 6.00 each copy |
|
20 pages |
$ 2.50 |
$10.00 each copy |
|
60 pages |
$12.50 |
$30.00 each copy |
Exception: The CAO will not charge for:
55 Pa. Code § 275.4(a)(3)(v)(E)(II)
Payment must be by check or money order payable to "PA Department of Human Services.” The CAO will forward the check to:
Office of Income Maintenance
Bureau of Program Support
Room 442 Health and Human Services Building
P.O. Box 2675
Harrisburg, PA 17105
The CAO will include a memo with the check with:
Name of CAO submitting the check
Notation that the check is payment for reproducing client records
The Bureau of Program Support will forward the checks to the Comptroller’s Office with a request to deposit the check as a credit to the CAO account code.
The client may request that the CAO correct or delete any part of the record the client believes is wrong, irrelevant, or incomplete. The client must make the request in writing. See Appendix A for PA 1804, Request for Amendment of Health Information. The CAO will help the client make the request if necessary. The CAO will:
Date stamp the request on receiving it.
Act on the request no later than 30 days after receiving the request. If necessary, the CAO may have a 30-day extension as long as the CAO notifies the client in writing about the extension and the reason for delay.
Make the change if it is approved. Notate the case record narrative/notes. Sign and date the PA 1804 and return a copy to the client.
Provide copies of the PA 1804 to business associates or others who have access to the information that was changed who may have relied on or might rely on that information to the client’s harm.
Deny the request for amendment when the PHI was not created by DHS or the current information is reasonably correct and complete.
Note the reason for the denial in the case record.
Send the client a timely PA 1804 with the reason for the denial and the person’s right to file a complaint using the procedures in Section 930.7.
Provide the person with a statement saying that he or she may ask that the request and denial be provided with all future disclosures.
The Department will allow the person to submit a written statement disagreeing with the denial of all or part of a requested amendment and the reason he or she disagrees. The Department may prepare a written rebuttal to the person’s statement of disagreement and must provide the person a copy of the rebuttal.
For future disclosures, the Department will identify the PHI in the record that is the subject of the disputed amendment and attach or link:
The person’s request for an amendment.
The Department’s denial of the request.
The person’s statement of disagreement, if any, and
The covered entity’s rebuttal to the record, if any.
Reissued September 27, 2012, replacing March 16, 2012