News and information useful to Cleveland-Marshall College of Law students, faculty and staff.

Archive for January 15th, 2016

HHS Guidance on Rights to Access Medical Records

DHHS logoThe U.S. Department of Health and Human Services (HHS) Office for Civil Rights recently issued guidance on individuals’ rights to access medical records under the Privacy Rule (45 C.F.R. 160; 45 C.F.R. 164, Subparts A & E) of the Health Insurance Portability and Accountability Act (HIPPA; Pub. L. 104-191).  HIPPA covered entities are required to provide requesting individuals with access to “protected health information” (PHI) about them within “designated record sets” (DRS), as long as the information is maintained by the entity or a business associate on behalf of the entity, regardless of when the information was created, whether the information is maintained in paper or electronic format, and whether the information is maintained onsite or remotely.  An individual’s personal representative (eg, medical power of attorney) also has the right to access that individual’s PHI in DRS.  DRS include medical and billing records; enrollment, payment, claims adjudication, and case/medical management records; and other records used to make decisions about patients, whether or not the records were used to make a decision about the specific individual requesting access.  Individuals do not have rights to psychotherapy notes and information compiled for use in a civil, criminal or administrative action.  Also, individuals do not have rights to PHI not part of a DRS, because such information is not used to make decisions about individuals.  Such PHI include quality assessment records, patient safety activity records, and management records used for business decisions.  For additional information, see the HHS Individuals’ Right under HIPAA to Access their Health Information page.

Viking Shield Update


The following is a message from Cleveland State University:

A new and improved Viking Shield has just been released for CSU members! If you already have the application on your phone, we ask that you uninstall the app and re-install to be able to see and use all of the new features. If you have not had the chance to download the app yet, please visit your app download store and search “Viking Shield” to take advantage of all of the new safety features CSU is implementing to enhance our CSU Safety!