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Policy Manual
HEALTH CARE
Standards Regarding Record Keeping of Health Matters

44-7-5
Right to Request Restrictions

Policy

The Department shall respect the right of an individual to request restrictions of uses and disclosures of PHI.

The Department is not required to agree to a requested restriction.  If the Department agrees to an individual’s restriction, then it shall not use or disclose PHI in violation of the restriction.

Individual's Request for Restrictions

An individual may request that the Department restrict

·           uses or disclosures of PHI to carry out treatment, payment or
 health care operations, and/or

·           notifications to relatives or personal representatives regarding
 the individual’s care.

If an individual requests a restriction, the designated privacy staff shall make the Restriction on Use/Disclosure of Protected Health Information Form (DCF-2237) available to the individual.

Disclosure of Restricted PHI For Emergency Treatment The Department may use or disclose restricted PHI to a health care provider if it is needed to provide emergency treatment.  In such cases, the Department shall request that the health care provider not further use or disclose the information.
Restriction Decision

The designated privacy staff, his/her Supervisor or another manager shall determine whether to grant the restriction.

If the subject of the restriction is the PHI of a client in a Department-operated facility, then the decision shall be made jointly among the regional staff and the facility staff.

Documentation of the Restriction

The Department shall document the

·           request for the restriction

·           restriction itself

·           decision reached, and

·           termination of the restriction, should it occur.

The designated privacy staff shall

·           document the restriction and any termination of the restriction in
 the medical narrative section of the LINK record (regional office
 staff only) and

·           file both forms in the case record (regional office and facility
 staff).

Termination of a Restriction If an individual wishes to terminate a restriction, he or she must send a written request to the designated privacy staff.
Exceptions

The following exceptions apply to requests for restrictions:

·           The PHI is being used for purposes of treatment, payment or health care operations.

·           The Department believes that a notification to a relative or personal representative
 regarding the individual’s care is in the individual’s best interest, or

·           The circumstances do not allow for the opportunity to agree or object to the use or
 disclosure.

Cross-References: 

Policy 44-7-3.1, Uses and Disclosures of PHI- General

Policy 44-7-3.3, Notification to Interested Parties

Policy 44-7-3.4, For Which Opportunity to Agree or Object is Not Required.

Connecticut Department of Children and Families              Effective Date:   April 14, 2003 (New)


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