Accounting of Disclosures

Complies with the Administrative Requirements of the Health Insurance Portability and Accountability Act of 1996. 45 CFR Section 164.528

Policy

Participants have the right to request an accounting of the disclosures of their Protected Health Information ("PHI") for purposes other than treatment, payment or health care operations and other exceptions specified in the Privacy Rule.

Procedure

Effective April 14, 2003, The Employee Benefit Plan will provide an accounting of disclosures of a participant's PHI for up to six (6) years prior to the date of the participant's request.

  • The Employee Benefit Plan is not required to provide an accounting of disclosures made for the following purposes:
    • pursuant to an authorization the individual has signed;
    • that are incidental to another permissible use or disclosure;
    • that are part of a limited data set;
    • made for the purposes of payment or health care operations, including those made to business associates;
    • made to the individual who is the subject of the information;
    • made for national security or intelligence purposes;
    • made to correctional institutions or law enforcement officials; and
    • made prior to April 14, 2003 (the compliance date of the Privacy Rule)
  • When a request for an accounting of disclosures of PHI is received, it will be provided within sixty (60) days. If necessary, this time frame may be extended for thirty (30) days. The participant requesting the accounting will be informed in writing, within sixty (60) days of the original request, of the reason(s) for the delay and the date by which action will be taken upon the request.
  • A participant may receive an accounting of disclosures once during any twelve (12) month period at no charge.
  • If a participant requests more than one accounting within the same twelve (12) month period, a reasonable, cost-based fee may be charged by the Employee Benefit Plan. The participant will be informed of the fee in advance and will be provided the opportunity to modify or withdraw the request.
  • The accounting for each disclosure includes:
    • The date of the disclosure;
    • The name of the entity or person to whom the disclosure was made and their address (if known);
    • A brief description of the PHI disclosed; and
    • One of the following:
      • A brief statement of the purpose of the disclosure; or
      • A copy of the written request for the disclosure from DHHS or from the appropriate entity.
  • If the accounting includes multiple disclosures to the same person/entity for a single purpose, the accounting will include only the frequency or number of disclosures and the date of the last disclosure made during the accounting period for all disclosures after the first disclosure.
  • The Employee Benefit Plan maintains the information that is required to be included in an accounting of PHI for six (6) years from the date of its creation or the date when it was last in effect, whichever is later.
  • The request must be made in writing to the Assistant Director of Human Resources, Office of Human Resources, Missouri State University, 901 S. National Ave., Springfield, MO 65897 or faxed to 417-836-6789.
  • Written accountings provided to individuals in response to a request are maintained for six (6) years from the date of the creation or the date when it was last in effect, whichever is later.
  • The Employee Benefit Plan maintains the titles of the persons/offices responsible for receiving and processing requests for an accounting for a period of six (6) years.

Effective Date: April 14, 2003