4.15 Participants' Rights to Review Information
ISSUE DATE: 09/2020
Participants may review private and public records which contain information about them.
· Show participants the actual private or public data about them – not summaries. · Honor requests for review as soon as possible, but no later than 10 days following the request.· Do not count weekends and holidays in the 10-day period. · When more than the initial 10 days is necessary, the county, tribe or employment services agency may take up to an additional 10 days with agreement of the participant. · The county or tribal agency or employment services provider may set the place and time of review.· Provide copies of original documents when the participant or the authorized representative requests copies. · Provide one free copy of a document and additional copies at the cost of reproduction.
There is some confidential medical data that participants may NOT see about themselves.
The authorized licensed medical or mental health professional:
· May designate that a participant should not be shown certain information in a medical record because the information is:· Detrimental to the physical or mental health of the data subject.OR
· Likely to cause the data subject to inflict self-harm or harm to others.· Must specifically request that the information be withheld from the data subject.· Do not assume that just because a medical record is stamped “confidential” that the health care provider has determined that it cannot be shared with the participant.
Inform health care providers that the subject of the data will be allowed access to all of the information unless the health care provider specifically identifies information to be withheld as described above.
Communicate this by including this on the medical opinion form or in a cover letter that accompanies that form.
Data on 2 or more people maintained in a common file because of family relationships are "joint records".
Delete material in joint records about the person not requesting the review.
Parents may view records of their minor children, unless 1 of the following is true:
· There is a court order preventing access to the data.· The minor children request in writing that the agency deny parental access to the data AND the agency determines that accessing the data by the parent(s) is not in the best interest of the children.
For more information, see Guide for Requesting Data About You (DHS-6553) (PDF) issued by DHS.
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