Your Rights Regarding PHI

Right to Inspect and Copy

You have the right to inspect and copy your PHI maintained by CWRU. Generally, this information includes health care and billing records. You do not have a right of access to (1) psychotherapy notes; (2) information prepared in anticipation of or for use in, a civil, criminal, or administrative action; and (3) PHI maintained by CWRU that is (a) subject to the Clinical Laboratory Improvements Amendments ("CLIA") of 1988, 42 U.S.C. 263a, if access to the individual would be prohibited by law, or (b) exempt from CLIA pursuant to 42 CFR 493.3(a)(2). Under certain circumstances, you also do not have a right of access to information created or obtained in the course of research involving treatment or received from someone other than a health care provider under a promise of confidentiality.

To inspect and copy PHI maintained by CWRU, you must submit your request in writing or by email with verification of requestor to CWRU's Privacy Officer or the Student Medical Plan Privacy representative. You may request an electronic or paper copy. We may charge a fee for the costs of copying, transmitting electronically, mailing or other supplies associated with yourrequest. We may deny your request to inspect and copy your PHI for the reasons set forth above or under certain other limited circumstances. If you are denied access to PHI other than for a reason stated above, you will receive a written denial. You may request that the denial be reviewed. Thereafter, a licensed health care provider chosen by CWRU will review your request and the denial. The person conducting the review will not be the person who originally denied your request. We will comply with the outcome of the review.

Right to Request Amendment

You may ask us to amend the PHI we have about you. You have the right to request an amendment for so long as the information is kept by or for CWRU. To request an amendment to your PHI, your request must be made in writing or via email and submitted to CWRU's Privacy Officer or the Student Medical Plan Privacy representative. In addition, you must provide a reason that supports your request. We will generally make a decision regarding your request for amendment no later than 60 days after receipt of your request. However, if we are unable to act on the request within this time, we may extend the time for 30 more days but we will provide you with a written notice of the reason for the delay and the approximate time for completion. If we deny your requested amendment, we will provide you with a written denial. We have the right to deny your request for an amendment if it is not in writing or does not include a reason to support the request. We are not required to agree to your request if you ask us to amend PHI that: was not created by us, unless the person or entity that created the information is no longer available to make the amendment; is not part of the PHI kept by or for CWRU; is not part of the PHI which you would be permitted to inspect and copy; or is already accurate and complete.

Right to an Accounting of Disclosures

You have the right to request an "accounting of disclosures." This is a list of certain disclosures of PHI we have made about you. We do not have to list certain disclosures such as those made for the purposes of treatment, payment, or healthcare operations, pursuant to a prior authorization by you or for certain law enforcement purposes. To request this list or accounting of such disclosures, your request must be submitted in writing to CWRU's Privacy Officer or the Student Medical Plan Privacy representative. Your request must also state a time period, which may not be longer than six (6) years and may not include dates before April 14, 2003. Your request should also specify the format of the list you prefer (i.e. on paper or electronically). The first list you request within a twelve (12) month period will be free. For additional lists, we may charge you for the costs of providing the list. We will notify you of the costs involved and you may choose to withdraw or modify your request at that time before any costs are incurred.

Right to Request Restriction of Uses and Disclosures

You have the right to request that we restrict the uses and disclosures of PHI about you to carry out treatment, payment or health care operations and/or to individuals involved in your care. We cannot restrict disclosures required by law or requested by the federal government to determine if we are meeting our privacy protection obligations. We are not required to agree to your request, except that we will comply with your request regarding disclosure of PHI to a health plan if you paid for the service out-of-pocket and in full. If we do agree to your request to restrict uses and disclosures, we will comply with your request unless the information is needed to provide you emergency health care treatment. To request restrictions, you must make your request in writing to CWRU's Privacy Officer or the Student Medical Plan's Privacy representative. Your request must specify (1) what PHI you want to limit; (2) whether you want to limit our use, disclosure or both; and (3) to whom you want the limits to apply (i.e., disclosures to your spouse). We may terminate our agreement to the restriction if you orally agree to the termination and it is documented, you request the termination in writing, or we inform you that we are terminating our agreement with respect to any information created or received after receipt of our notice.

Right to Request Confidential Communications

You also have the right to request that we communicate with you about health care matters in a certain way or at a certain location. For example, you can ask that we only contact you at work or by mail. To request confidential communications, you must make your request in writing to CWRU's Privacy Officer or the Student Medical Plan Privacy representative. We will not ask you the reason for your request. We will accommodate all reasonable requests. Your request must specify how or where you wish to be contacted.

Right to Receive Notice Electronically

You have the right to a paper copy of this Notice. You may ask us to give you a copy of this Notice at any time. Even if you have agreed to receive this Notice electronically, you are still entitled to a paper copy of this Notice. To obtain a paper copy of this notice, please write to or call CWRU's Privacy Officer.

Right to Breach Notification

You have the right to receive notice from CWRU when a breach of your PHI that was unsecured has occurred.