La. Admin. Code tit. 48 § I-511

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-511 - Disclosures to Patients

A. Patient's Right of Access to Medical Information

1. Every patient has a qualified right of access to medical information concerning himself which is maintained by an agency.

2. Any patient who seeks to exercise his right of access to medical information concerning himself shall direct his request in writing to the superintendent of the agency which maintains the records. This request shall contain sufficient information to enable the agency to locate the records sought and shall designate a representative who would be willing to review the records and inform the patient of its contents or allow the patient to inspect his record, at the representative's discretion.

3. The patient shall be granted direct access to medical information concerning himself only if the superintendent determines that direct access is not likely to have an adverse effect on the patient. If the superintendent believes that he is not qualified to determine, or if he does determine, that direct access to the patient is likely to have an adverse effect on the patient, the record shall be sent to the designated representative. The patient shall be notified in writing when the record is sent to the designated representative. The designated representative shall review the patient's record and shall inform the patient of its contents or allow the patient to inspect the record, at the representative's discretion.

B. Minor Patients' Access to Medical Information

1. A minor patient who seeks to exercise his right of access to medical information shall direct his request in writing to the superintendent in accordance with §511 A

2. A minor patient shall not be granted direct access to medical information concerning himself. Whenever a minor patient seeks access to medical information about himself, the superintendent shall send the records to the designated representative who will review the minor patient's record and inform the minor of its contents or allow the minor to inspect his record at the representative's discretion.

C. Access to Medical Information Concerning a Minor Patient by Persons Other Than the Minor Patient. A parent or tutor of a minor patient who seeks access to medical information concerning his minor child or ward shall direct his request in writing to the superintendent in accordance with §511 A

D. Use of the Designated Representative Where a Parent or Tutor Requests Access to a Minor Patient's Medical Records. A parent or tutor of a minor patient shall not be granted direct access to medical information concerning his minor child or ward. Whenever a parent or tutor seeks access to medical information concerning his minor child or ward, the superintendent shall determine whether disclosure of the information would constitute an unwarranted invasion of the minor's privacy. If the superintendent determines that disclosure would constitute an unwarranted invasion of the minor's privacy, he will bring this to the attention of the designated representative. The designated representative will then consider the effect that disclosure of the information to the parent or tutor would have on the minor patient in determining what information contained in the minor's medical record will be made available to the parent or tutor.

E. Patient's Right to Disclosure Record. Upon the written request of a patient or of a person authorized by these rules to give consent on behalf of a patient, the superintendent shall provide the patient with a copy of the disclosure record required by §505 A

F. Reports Concerning Patients. Upon the written request of a patient or his attorney or of a patient's heirs or their attorney, the superintendent shall furnish a full report on the patient.

G. Disclosures to Patients at Physician's Initiative. Nothing in this Section shall be construed as prohibiting a physician or mental health professional from permitting a major or minor patient to review his own medical record where the physician or mental health professionals considers this disclosure to be in the patient's best interest.

La. Admin. Code tit. 48, § I-511

Promulgated by the Department of Health and Human Resources, Office of the Secretary, LR 13:246 (April 1987).

AUTHORITY NOTE: Promulgated in accordance with R.S. 44:7.