Patients have a right, at their request, to an accounting of disclosures for PHI for six (6) years prior to the date of the request, except for disclosures –

1. for treatment, payment, or health care operations;
2. to the individual who is the subject of the PHI;
3. for a facility directory or to persons directly caring for the individual patient or involved in paying for the patient’s healthcare;
4. for national security purposes or to law enforcement officials;
5. that were made before April 14th, 2003;
6. for which you obtained a written authorization.
7. that occurred incidental to and as an unavoidable by-product of a disclosure that is permitted or required under the Privacy Rule.

The accounting of disclosures must include all of the information called for on the form we have provided you (PHI Form is in the members only section of the http://www.jcaai.org, here). You should download this form and have it printed on pads. One should be filled out each time you disclose PHI to a non-excepted entity. These kinds of disclosures for which you need to account, should be fairly rare, so this requirement should not be particularly burdensome. Two (2) major areas where you will need to account for disclosures are for research or for marketing. These will be discussed below.

You may not charge for the first accounting of disclosure in each 12-month period.

• Patient may request disclosure accounting
  • No right for accounting if the disclosure falls into one of the 7 categories described directly above in this section.
• Keep individual disclosure record in chart
• Limited to last 6 years
• No records need to be kept for disclosure provided prior to April 14, 2003
• No fee for first accounting in each 12-month period

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