Q&A: Access to PHI in research study

December 17, 2020
Medicare Web

Q: When a person participates in a research study, what rights to access does the individual have to their records or results?

A: Individuals have the right to access PHI in their medical records. However, they may be denied access to their records during an active research study if they agreed to this limitation when they agreed to participate in the study and if the right of access is reinstated when the research study is completed.

Individuals may still access PHI not associated with the research study.

Editor's note: Mary Brandt MBA, RHIA, CHE, CHPS is a healthcare consultant specializing in healthcare regulatory compliance and operations improvement. She is also an advisory board member for BOH. This information does not constitute legal advice. Consult legal counsel for answers to specific privacy and security questions. Opinions expressed are those of the author and do not represent HCPro or ACDIS. Email your HIPAA questions to editor Kevin Duffy at kduffy@hcpro.com.

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Ask the Expert, HIPAA