Policy No.

8-27-2019

Revised Date:

Introduction:

It is the policy of WSU Employee Wellness to honor a participant’s right of access to inspect and obtain a copy of their protected health information (PHI) in WSU Employee Wellness’s designated record set, for as long as the PHI is maintained in compliance with HIPPA and WSU Employee Wellness’s retention policy.

Definitions:

Protected Health Information (“PHI”): means individually identifiable health information (“IIHI”) that is transmitted by electronic media, maintained in electronic media, or transmitted or maintained in any other form or media.  IIHI means information that is a subset of health information, including demographic information collected from an individual and is created or received by a health care provider, health plan, employer or health care clearinghouse.  Such information relates to the past, present or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present or future payment for the provision of health care to an individual, that identifies the individual or with respect to which there is a reasonable basis to believe that the information can be used to identify the individual.  PHI excludes IIHI: (i) in education records covered by the Family Educational Rights and Privacy Act, as amended, 20 U.S.C. 1232g; (ii) in records described at 20 U.S.C. 1232g(a)(4)(B)(iv); (iii) in employment records held by WSU Employee Wellness in its role as employer; and (iv) regarding a person who has been deceased for more than 50 years.

Workforce: means employees, volunteers, trainees and other persons whose conduct, in the performance of work for Weber State University, is under the direct control of WSU Employee Wellness, whether or not they are paid by Weber State University.

Procedure:

 

A. Access Request

 

1. A participant must make a request to WSU Employee Wellness to access and inspect their protected health information. Whenever possible, this request shall be made in writing and documented on either the “Authorization for Disclosure” form or in the notes of the participant’s health record.

 

2. Determination of accessibility of the information shall be based on:

 

a. Availability of protected participant information (i.e., final completion of information, long term storage, retention practices, etc.)

 

3. WSU Employee Wellness must take action within a reasonable period of time or within 30 days after receipt of the request when the PHI is on-site, and within 60 days when the PHI is off-site.

 

B.  Access, Inspection and/or Copy Request is granted

 

1. The participant and WSU Employee Wellness workforce will arrange a mutually convenient time and place for the participant to inspect and/or obtain copy of the requested PHI.  Inspection and/or copying of PHI will be carried out within the WSU Employee Wellness office with workforce assistance.

 

2. The participant may choose to inspect the PHI, copy it, or both, in the form or format requested.  If the PHI is not readily producible in the requested form or format, WSU Employee Wellness must provide the participant with a readable hard copy form, or other forms as agreed to by WSU Employee Wellness workforce and the participant.

 

3. Upon prior approval of the participant, WSU Employee Wellness may provide a summary of the requested PHI.

 

4. If upon inspection of the PHI the participant feels it is inaccurate or incomplete, the participant has the right to request an amendment to the PHI. WSU Employee Wellness workforce shall process this request by update current participant records.