SECTION 450:15-3-62. ODMHSAS action on consumer's request for access to the designated record set from facilities operated by ODMHSAS

(a)   ODMHSAS shall act on the request for access to the designated record set within the following time periods:

(1)   If the requested information from the designated record set is readily available, the health information department shall within thirty (30) days of the receipt of the request inform the consumer of the approval or denial of the request and if approved provide the access to the designated record set; or

(2)   If the requested information is not stored on the facility premises, the health information department shall within sixty (60) days from receipt of request inform the consumer of the approval or denial of the request and if approved provide the access to the designated record set.

(b)   If the health information department is unable to provide response within these timeframes, it shall send a letter to the consumer, which shall inform the consumer of the delay and state the date by which a response to the request will be provided. The deadline can be extended for no more than 30 additional days and the facility may extend the deadline once per request for access.

(c)   If a decision is made to deny the request for access, the health information department of the facility shall send the consumer a letter stating the basis of the denial and, if applicable, providing a statement of the consumer's right for review of the denial and how to exercise such review rights. The letter must also include a description of how the consumer may complain to the ODMHSAS Office of Consumer Advocacy or to the U.S. Secretary of the Department of Health and Human Services. The description must also include the name, or title, and telephone number of the Office of Consumer Advocacy.

[Source: Added at 20 Ok Reg 654, eff 2-27-03 (emergency); Added at 20 Ok Reg 2110, eff 7-1-03]