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Re: HIPAA Covered Entities & Access Appeals


  • Date:   Mon, 18 Jun 2007 15:16:40 -0400
  • To:  sthc-l@lists.ucla.edu
  • From:   Phoebe Evans Letocha   < pletocha AT jhmi.edu >
  • Subject:   Re: HIPAA Covered Entities & Access Appeals
  • Message-ID:   f487bb4fd845.4676a1d8@johnshopkins.edu

Shelia,

I applaude you on your efforts to provide broader access to your 
collections. Why are your reserachers being denied access? Weak 
cases or a risk adverse decision making body?

What is the decision making body at your hospital where your reserachers 
apply for access? an IRB, a Privacy Board or the some other hospital 
body, like the legal office? Who decides access? 

At Johns Hopkins, our Privacy Board really only handles requests for 
archival research and not clinical investigations that might involve 
patient follow up. We do have an appeals process. If a case is denied, 
the Privacy Board advises the applicant why it was denied and allows 
the option of either the researcher seeking individual authorization 
for research from the subjects of PHI or the researcher can revise 
the application and resubmit to the Privacy Board. Otherwise access 
can only be given to collection materials that have been screened 
and redacted of PHI by our staff. Our policy is to use the Privacy 
Board application process as a means to educate our reserachers 
about what the Privacy Rule under HIPAA does and does not allow. 
By the time applications have reached the Privacy Board, they are 
usually strong enough to be approved. The Hopkins Privacy Board 
has denied very few cases. If interested, I'd be happy to share my 
experiences as the liason between the researchers and the 
Privacy Board. 

Link to our access forms, including Privacy Board (D-1): 
http://www.medicalarchives.jhmi.edu/access.htm

Phoebe Evans Letocha
Collections Management Archivist
Alan Mason Chesney Medical Archives
Johns Hopkins Medical Institutions
410-735-6785
pletocha@jhmi.edu
http://www.medicalarchives.jhmi.edu

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