P.R. Laws tit. 26, § 9239

2019-02-20 00:00:00+00
§ 9239. List of disclosures of protected health information

(a) A health insurance organization or issuer shall provide, upon request, to an individual who is the subject of the protected health information, information regarding disclosure of that individual's protected health information that is sufficient to exercise the right to amend the information pursuant to § 9238 of this title. This information shall include the date, purpose, recipient, and relevant authorization or basis for the disclosure. The health insurance organization or issuer may charge a reasonable fee for providing the information regarding the disclosures of information.

(b) The list shall not include the following disclosures:

(1) Disclosures related to healthcare payment, treatment, and operations;

(2) disclosures made or authorized by the individual;

(3) disclosures made for purposes of national security or intelligence services, and

(4) disclosures to penal institutions or law enforcement officers.

(c) A health insurance organization or issuer shall maintain a system that allows the Commissioner to determine that the health insurance organization or issuer can actually produce a complete list of disclosures.

(1) For routine disclosures, a health insurance organization or issuer shall be able to track when routine disclosures are made, to whom they are made and for what purpose they are made, and

(2) for all other disclosures, a health insurance organization or issuer shall be able to identify the authorization or release form or provision of law allowing the receipt or disclosure of protected health information.

History —Aug. 29, 2011, No. 194, added as § 14.090 on Aug. 23, 2012, No. 203, § 1, eff. 90 days after Aug. 23, 2012.