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National Institutes of Health HIPAA Privacy Rule - Information for Researchers
This website is currently in the process of being updated. For guidance on the HIPAA Privacy Rule in research, please see: https://www.hhs.gov/hipaa/for-professionals/special-topics/research/index.html
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Slide Presentation on the Privacy Rule and Research


Slide 37:
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Access to Research Records

  • Individuals have the right to inspect and obtain a copy of their PHI maintained by covered entities in a "designated record set."
  • For research records, patients may have right to access records if:
    • The records involve medical records (e.g., some clinical trials) or they are used to "make decisions about individuals." AND
    • The researcher is a covered entity or a business associate of a covered entity.
  • EXCEPT: While a trial is ongoing, covered researchers may deny access if the individual agrees in advance (e.g., in an Authorization) and has been informed that access resumes upon completion of research.

Department of Health and Human Services National Institutes of Health USAGov The HIPAA Privacy Rule