Dale, HIPAA apparently may pre-empts the State regulation. In regard to pre-emption, the HIPAA definition of "more stringent" notes:
"With respect to the rights of an individual who is the subject of the individually identifiable health information regarding access to or amendment of individually identifiable health information, permits greater rights of access or amendment, as applicable....With respect to information to be provided to an individual who is the subject of the individually identifiable health information about a use, a disclosure, rights, and remedies, provides the greater amount of information." I hope that this helps. Your questions are always welcome. Matt Matthew Rosenblum Chief Operations Officer Privacy, Quality Management & Regulatory Affairs CPI Directions, Inc. 10 West 15th Street, Suite 1922 New York, NY 10011 (212) 675-6367 [EMAIL PROTECTED] CONFIDENTIALITY NOTICE: This E-Mail is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you have received this communication in error, please do not distribute it. Please notify the sender by E-Mail at the address shown and delete the original message. Thank you. AVISO DEL CONFIDENCIALIDAD: Este email es solamente para el uso del individuo o la entidad a la cual se dirige y puede contener informaci�n privilegiada, confidencial y exenta de acceso bajo la ley aplicable. Si usted ha recibido esta comunicaci�n por error, por favor no lo distribuya. Favor notificar al remitente del E-Mail a la direcci�n mostrada y elimine el mensaje original. Gracias. -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] Sent: Monday, March 24, 2003 2:17 PM To: WEDI SNIP Privacy Workgroup List Subject: Re: psych notes There may be reason to look at this again. "More stringent" as in greater restriction on the patient or the staff? If HIPAA explicitly gives the patient right to access their own record, which regs prempt? Dale K Howe Grand Rapids, MI In a message dated 3/24/2003 1:30:53 PM Eastern Standard Time, [EMAIL PROTECTED] writes: > Paulette, as I'm reading Colorado statute as it is being currently modified: http://www.leg.state.co.us/2003a/inetcbill.nsf/fsbillcont/12872ADAA2C72AF087 256C5A00624B00?Open&file=051_ren.pdf > > I think Colorado law may be more stringent. It reads to me that all 'mental health records' are restricted from access by the patient -- at least while therapy is occurring. > --- The WEDI SNIP listserv to which you are subscribed is not moderated. The discussions on this listserv therefore represent the views of the individual participants, and do not necessarily represent the views of the WEDI Board of Directors nor WEDI SNIP. If you wish to receive an official opinion, post your question to the WEDI SNIP Issues Database at http://snip.wedi.org/tracking/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org --- The WEDI SNIP listserv to which you are subscribed is not moderated. The discussions on this listserv therefore represent the views of the individual participants, and do not necessarily represent the views of the WEDI Board of Directors nor WEDI SNIP. If you wish to receive an official opinion, post your question to the WEDI SNIP Issues Database at http://snip.wedi.org/tracking/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org
