Legal & EthicalQuestion 172 of 200
A resident asks the CNA for a copy of her own medical record. The correct CNA response is:
a.Refuse — residents cannot access their own records
b.Acknowledge the right, do not hand over the chart, and direct the request to the charge nurse or medical records department, who must provide access within 30 days under HIPAA 45 CFR §164.524
c.Photocopy the chart and give it to the resident immediately without notifying anyone
d.Charge the resident $100 cash to release records
Explanation
Under HIPAA 45 CFR §164.524, individuals have the right to inspect and obtain a copy of their PHI maintained in a designated record set; covered entities generally must respond within 30 days (with one 30-day extension). The CNA must not deny the right (a) or hand out records on their own (c) — release is handled by medical records following identity verification, applicable fees (cost-based, reasonable; not arbitrary cash demands as in d), and any state-specific requirements. CNAs facilitate by acknowledging the request, telling the nurse, and explaining the process to the resident.
Law Reference: HIPAA 45 CFR §164.524Practice all 200 questions free — no signup required.
Related questions on this topic
- Why is the documentation principle 'not documented = not done' important?
- Under HIPAA's 'minimum necessary' standard (45 CFR §164.502(b)), a CNA should access protected health information (PHI):
- Under HIPAA 45 CFR §164.512, a CNA may disclose PHI WITHOUT the resident's written authorization in which situation?
- A CNA posts a TikTok video taken in the nursing facility hallway. Two residents appear in the background, identifiable by face. This is:
- Informed consent for a non-emergency treatment generally requires:
- A competent resident with capacity refuses her prescribed evening medications. The CNA should:
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