HIPAA, Patient Access, and Designated Record Sets

Lexology March 22, 2021
Holland & Hart LLP

With limited exceptions,¹ HIPAA generally gives individuals the right to access or obtain copies of their protected health information (“PHI”) from covered entities. (45 CFR § 164.524(a)). But the right of access does not apply to all PHI that a covered entity might have; instead, individuals only have a right to access information in their “designated record set”. This article summarizes relevant standards for determining which records patients have a right to access.

1. Government Focus on the Right of Access. The right of access has been a priority for the Office for Civil Rights for several years. In 2016, the OCR published comprehensive guidance on individual access rights. (https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/access/index.html). In 2019, the OCR launched its “Right of Access Initiative”...

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