Or. Admin. Code § 291-124-0100

Current through Register Vol. 63, No. 11, November 1, 2024

Section 291-124-0100 - Access to AIC Healthcare Records

(1) The department will provide each AIC, upon request by the AIC, a single paper copy of that AIC's healthcare record established under OAR 291-124-0075. The free copy provided in this rule is limited to only paper records that may be readily photocopied, and will not include, among other records, electronic documents, x-ray film, oversized records (exceeding 11 inches in width or 17 inches in length, or both), or other non-paper records.

(a) An AIC may obtain a free copy of the healthcare records provided under this rule by submitting a written request to a Medical Services Manager or institution medical records specialist. A former AIC, within one year from release from DOC custody, may request the free copy provided under this rule by submitting a written request to Paroled Medical Records staff. In a written request under this rule, the AIC may request a complete copy of all paper records. The AIC must include with that written request an authorization to disclose protected health information that complies with ORS 179.505(3) and, when necessary, ORS 192.566.

(b) The free copy provided in this rule will be provided only to the AIC, is not subject to the disclosure timeline provided in ORS 179.505(9)(a) and will be provided only after the department has waived fees the department may otherwise charge under ORS 192.563. Nothing in this rule shall be construed as limiting an AIC to separately obtain healthcare records under ORS 179.505, subject to an obligation to pay charges authorized under ORS 192.563, or to obtain a copy of healthcare records as provided under ORS 192.576.

(c) An AIC who has previously obtained a free copy of any paper records under this rule may make additional requests for paper records that the AIC has not previously requested under this rule. For example, an AIC may submit a request for paper records the AIC did not request in a prior request under this rule, or an AIC may request new or updated records created since the AIC's prior request under this rule.

(d) Notwithstanding any other provision in this rule, the AIC will remain responsible for following any administrative rules and institutional limits on the storage of paper records, including any limits on the number of paper records that may be physically stored within a cell or designated storage areas. The AIC will remain responsible for any postage or shipping costs necessary to mail any records out of a correctional facility in order to comply with any applicable storage limits.

(2) Except as provided in subsection (1), a request for health records will be processed in accordance with ORS 179.505 and ORS 192.563. The cost of duplication of health records with a signed written disclosure authorization will be assessed as follows:

(a) Pages 1 through 10 - $1.25 each;

(b) Each additional page $.25 each;

(c) Postage at current postal rates; and

(d) Actual costs for duplication of diagnostic x-rays.

(e) Actual costs for preparing explanation or summary of protected health information as requested by individual or personal representative of the individual.

(3) When processing a request under this rule, the Department of Corrections may withhold disclosure of healthcare records as provided under ORS 179.505(9) or other healthcare records as provided by law.

Or. Admin. Code § 291-124-0100

DOC 3-2022, adopt filed 04/14/2022, effective 4/14/2022; DOC 5-2023, amend filed 03/10/2023, effective 3/10/2023

Statutory/Other Authority: 192.563, 192.318, 192.324, 192.576, 423.020, 423.030 & 423.075

Statutes/Other Implemented: 192.505, 192.324, 192.576, 423.020, 423.030 & 423.075