Question

In what situations can a covered entity deny an individual access to PHI without providing an opportunity to review or appeal the denial? Why do you think they can deny access in these situations?

Answer 1

A covered entity can deny the access requested by the individual for PHI in certain cases such as

• Not a part of the designated records
• If the requested record was not created by covered entity
• PHI obtained from some one other than a health care provider.
• If a licenced health care provider feels that the information may endanger the individual
• If the information is subjected to clinical laboratory information.
• Information containing any psychotherapy notes

They can deny access in these situations as a whole and sole to protect the patient health information thus avoiding to throw in to a risky threatened situations.